The Oi Group - IR NEWS UPDATE

Mr Cutrali (the Applicant) was an employee of 12 years service with Chubb Security Services Limited (the Respondent) when his employment as an Amoured Vehicle Officer (AVO) was terminated for assaulting another employee. An unfair dismissal application (Mr Duilio Cutrali v Chubb Security Services Limited) was filed with Fair Work Australia.

The Applicant claimed he was acting in self defence when he pushed the other employee away and then grabbed him by the throat and forced him against a vehicle whilst holding his throat. The Applicant also submitted that the Respondent had a history of tolerance of physical altercations.

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An application for unfair dismissal was placed with Fair Work Australia (Ms Kelly Anne Biggs-Venz v Ozcare) by Ms Kelly Anne Biggs-Venz (the Applicant).

The Applicant had been employed by Ozcare (the Respondent) for almost 2 years, and had been subject to a number of disciplinary actions spread over her period of employment. These actions had resulted in a first warning being issued in June 2008 and a final warning being issued in April 2009. In the disciplinary action leading up to termination which occurred in November 2009, the Applicant was asked to respond to a number of issues, and ultimately to show cause why her employment should not be terminated. The Respondent terminated the applicant’s employment as the Respondent was not satisfied that [the applicant] had demonstrated reasons why her employment should not be terminated.

Senior Deputy President (SDP) Richards was presented with submissions in relation to performance and the termination; and in addition to considering the evidence provided - considered the relevant parts of the Fair Work Act 2009 (the Act).

In particular Section 387(d) requires consideration of any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal.

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Mr Anthony Taylor-Hunt (the Applicant) placed an unfair dismissal claim with Fair Work Australia (Mr Anthony Taylor-Hunt v Downer EDI Works Pty Ltd). Downer EDI Pty Ltd (the Respondent) objected to the claim because the Applicant earned above the High Income Threshold, therefore Fair Work Australia had to initially determine whether the Applicant had a right to apply.

The Applicant was earning $125,000 per annum in his position as a Continue reading →

Mr Davidson (the Applicant) was employed by Griffiths Muir’s Pty Ltd t/as The Good Guys (the Respondent) as a part-time administration assistant/cashier. The applicant was informed of his termination, and asked to work out his notice period. An unfair dismissal application was placed with Fair Work Australia (Mr Bradley Donald Davidson v Griffiths Muir’s Pty Ltd).

The Respondent initially thought that the Applicant couldn’t make an unfair dismissal claim because he had been employed for less than 6 months. However it was determined that although he was informed of the termination during the 6 month period, Continue reading →

A number of applications were filed against Serco Australia Pty Ltd (the Company) in relation to unfair dismissals (Iftehar Ahmed, John Coker, Van Lieu, Mario Pires, Richard Eyles, Saleem Ahmed, Christopher Delaney v Serco Australia Pty Ltd).

The representative for Company submitted that their employment with the previous detention centre should not count as service with the Company ….as there has been neither a transfer of service nor a transfer of business between [the previous detention centre and the Company]. Continue reading →

Ms Lorraine Anderson (the applicant) placed an application with Fair Work Australia to deal with an unlawful termination dispute (Miss Lorraine Anderson v Denning Road Lunch Supplies).

Unlawful reasons to terminate employment include: temporary absence from work because of illness or injury; trade union membership or otherwise; filing of a complaint against an employer, etc; race, colour, sex, sexual preference, age, physical or mental disability, marital status, etc, and in the case of the applicant - pregnancy.

A suggestion was made that the company was “not a national system employer”. If this was the case, the implicit argument would be that employer and its employees were not covered under the Federal Fair Work Act. Continue reading →

Commissioner Roe of Fair Work Australia (FWA) was required to determine whether a proposed Enterprise Agreement should be approved. The application to approve an Enterprise Agreement was made by Peel Finance Brokers (Waterdale Enterprises Pty Ltd as Trustee for the Boag Family Trust T/A Peel Finance Brokers). The Company has five employees and the Company submitted that all five voted in favour of the Agreement.

After the application was lodged with FWA, Commissioner Roe made an initial assessment and wrote to the Company with some concerns about the proposed Agreement, including: Continue reading →

The South Eastern Division of the Royal Flying Doctor Service of Australia (the respondent) terminated the employment of Ms Lois O’Grady (the applicant) claiming that it was due to a restructure of the Launceston Base Operations which eventuated in the applicant’s position being made redundant.

The Respondent objected to the unfair dismissal case before Fair Work Australia (Lois Joy O’Grady v Royal Flying Doctor Service of Australia (South Eastern Division)) being heard based on the termination being due to redundancy; and therefore sought that determination first.

There are four sections of the respondent’s business and two fund raising entities, with each section being a completely autonomous legal entity. Continue reading →

In the case of SB v FC Pty Ltd, SB (the applicant) had her employment terminated by FC Pty Ltd (the respondent) after 16 months of regular casual employment.

The applicant claimed that the termination was unfair because there was no valid reason, she was not informed of the reasons for her dismissal, and she was not given an opportunity to respond or have a support person involved in any part of the events that led to her dismissal. The applicant also claimed that her supervisor bullied her. Continue reading →

Mr Bennett (the Applicant) sought costs against his former employer in relation to his unfair dismissal application before Fair Work Australia (Mr Andrew Bennett v Sere Corporate Solutions Pty Ltd t/as Perth Freightlines Pty Ltd).

The applicant sought his costs for the payment of the conciliation and arbitration, and the costs application because the Company did not attend the first conciliation and did not accept the Applicant’s reasonable offer of settlement. Continue reading →

The high income threshold for employee remunerations and salaries has risen from July 1, 2010 to Continue reading →

The National Retail Association (NRA) who was representing an employer in an unfair dismissal case before Fair Work Australia (Daniel Crowden v Clive Peeters Limited) asked that Commissioner Asbury …recuse yourself from any matters involving the NRA on the basis of apprehended bias.

The NRA claimed that Commissioner Asbury should not deal with NRA matters because of two previous decisions Continue reading →

Ms Deborah Bates (the employee) lodged an unfair dismissal claim after her employer attempted to transfer her employment to another location. The employer lodged a motion to dismiss the application on the basis that the claim was frivolous, vexatious or lacking in substance; and the employer also lodged an objection on the basis that the application was lodged out of time by 77 days. After two unsuccessful conciliations, the employer lodged an application for security for the payment of costs (Twin Towers Employment Enterprises Ltd T/A Job Futures S.E.Q.). Continue reading →

In Ms Sharon F. Idanan-Pagkaliwangan v Mater Misericordiae Health Services Brisbane Limited the Applicant claimed she was a permanent employee, whilst her employer claimed she was employed under a maximum term contract. The former employer objected to the application being heard by Fair Work Australia (FWA) for the reason that termination occurred because the contract had reached its expiry date.

The tribunal learned that the applicant had found employment with Mater Misericordiae Health Services Brisbane Limited through a job placement agency. It was the Applicant’s evidence that she was verbally informed by the agency that the position with the Respondent of Inpatient Billings Officer was a permanent position, Continue reading →

Father Andrea Bellia (the applicant) placed an unfair dismissal application with Fair Work Australia (Fr Andrea Bellia v Assisi Centre Inc) claiming that termination of his employment was unfair. The Assisi Centre Inc (the respondent) lodged a jurisdictional objection on the grounds that the applicant was not an employee, because his services were provided through an arrangement with the Melkite Catholic Eparchy.

Deputy President Hamilton (DP Hamilton) had to determine whether there was a direct employment relationship between the applicant and the respondent, Continue reading →