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Posts under ‘unfair dismissal’

Does Less Than A Year Of Remuneration Make A Difference When Pursuing An Unfair Dismissal Claim?

Adrian Read (the Applicant) placed a claim for unfair dismissal against his former employer Universal Store Pty Ltd T/A Universal Store (the Respondent).

The Respondent objected to the claim stating that the Applicant was not award or agreement covered, and he was earning above the high income threshold.

Termination Was For Valid Reason But Still Considered Harsh and Unreasonable

Mr Heath North (the applicant) placed an unfair dismissal application (Mr Heath North v Inhomecarers Pty Ltd) with Fair Work Australia. Inhomecarers (the respondent) objected to the application, claiming that the applicant had abandoned his employment.

Strongest Criticism and Highest Penalty Awarded Against Unfair Employer

Deputy President (DP) Sams of Fair Work Australia warned Kidz Biz Pre-School & Long Day Care (the Respondent) that if they again didn’t comply with directions or again failed to attend unfair dismissal proceedings - adverse orders may be made against them.

Short Term Employee Awarded $18,173.10 In Unfair Dismissal Case

Mr Ao Tang (the Applicant) had a little over 8 month’s service at the date of his termination. The applicant placed an unfair dismissal application with Fair Work Australia (Mr Ao Tang v PR Palais Royale Guesthouse T/A Palais Royale Guesthouse) - which was filed 1 day late. Commissioner Cambridge allowed the application to [...]

Employment Terminated For Assault - But Was It Self Defence?

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 [...]

Is High Income Employee Award Covered and Therefore Entitled To Pursue Unfair Dismissal Claim?

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 [...]

‘Mildly Insubordinate’ Employee Terminated During 6 Month Trial Period Wins Unfair Dismissal Case

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 [...]

Casual Employee Wins Unfair Dismissal Case Following Lack Of Correct Procedure By Employer

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 [...]

Former Employee Wins Costs Because Company Didn’t Attend Conciliation

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 [...]

Employer Inappropriately Sacks Employee After Touching & Sexual Harassment Complaint

Ms Kim Lee Jarvis (the applicant) gave a letter to her employer asking him to stop sexually harassing her, and her employment was terminated on the spot when she maintained that her employer had acted inappropriately. Ms Jarvis placed an application for unfair dismissal with Fair Work Australia (Ms Kim Lee Jarvis v Crystal Pictures [...]

Was Termination Consistent With Small Business Dismissal Code Or Was It Genuine Redundancy?

Mr Josef Nalevansky (the applicant) placed an application for unfair dismissal with Fair Work Australia (Josef Nalevansky v Thought Equity Motion Inc), after his employer terminated his employment claiming that it was as a result of redundancy.

Thought Equity Motion Inc (TEM) is a registered foreign company with operations in the US, Japan [...]

Was Application Lodged In Time and Did Termination Occur At Employer’s Initiative; or Did It Occur At The Employee’s Initiative Due To Abandonment?

An employee who took unauthorised unpaid leave to go on an international trip, was sent a letter from his employer advising that his contract had been terminated effective from 18/12/2009. The employee did not return from his trip until January 10, 2010, when read the letter - and then on 21 January 2010, placed an [...]

Applicant seeks $63,000 plus [potato] chips and shoes in unfair dismissal case

Commissioner Cloghan was asked to determine whether Wayne David Shortland’s fifth Unfair Dismissal application in 5 years was, on this occasion frivolous or vexatious. In this latest case (Wayne David Shortland v The Smith’s Snackfood Company Ltd) the application included a written statement to Fair Work Australia that his employer had breached the Australian National [...]

Employees Have A Duty To Mitigate Loss Of Employment Even If Unfairly Dismissed

In the unfair dismissal hearing for Mr Shane Stephen Kennedy v Nestle Australia Ltd it was learned that the company had summarily terminated the employee’s employment because …the relationship of trust and confidence had been irreparably damaged because the company believed that the applicant had been less than honest in accounting for his whereabouts during [...]

Commissioner Details Right To A Support Person

A Hotel Duty Manager (Mr Miller) placed an application for unfair dismissal with Fair Work Australia (Miller v Koornang Pty Ltd T/A Rosstown Hotel) after his employment was terminated for serious misconduct in relation to several issues occurring on the night of the 26 September and morning of 27 September 2009, including: drinking on duty; [...]