TERMINATION OF EMPLOYMENT – genuine redundancy – reinstatement – ss.389, 394 Fair Work Act 2009 – applicant dismissed from position as Individual Transport Manager – respondent argued dismissal was genuine redundancy – respondent had restructured and applicant’s position no longer available – applicant paid 25 weeks’ pay on termination – respondent held honest but incorrect view it had no obligation to consult – at time of dismissal there were positions to which applicant could have been redeployed but these options were not discussed – dismissal not genuine redundancy – considered factors in s.387 of FW Act – valid reason for dismissal as job no longer available – applicant notified of dismissal – applicant had unblemished employment record – size of business and availability of HR specialists did not impact procedures followed – dismissal unfair – reinstatement appropriate – current vacancy existed within respondent which applicant was happy to take – order to maintain continuity of service appropriate – restoration of lost pay not appropriate as applicant has not yet suffered any loss – order issued – applicant to be reinstated within 21 days – parties may make application to Commissioner if they require assistance effecting order. Payne v Lower North Shore Community Transport t/a Lower North Shore Community Transport.
December 14, 2015
An application for approval of the Wyndham Clinic Nurses Enterprise Agreement 2015 will be decided by Fair Work Commissioner Roe.
December 14, 2015
The Health Services Union and the Department of Health and Human Services have a s.379 (Application to deal with a dispute) before Fair Work Vice President Catanzariti in Melbourne.
December 14, 2015
An application for approval of the Church of Jesus Christ of Latter-day Saints Australia Enterprise Agreement 2015 will be determined by Senior Deputy President Hamberger in Sydney.
December 14, 2015
An application by New South Wales Nurses and Midwives’ Association (s.512 – Application for a right of entry permit) will be determined by Fair Work Vice President Hatcher.
December 14, 2015
Community Accommodation and Respite Agency Inc no longer wants a staffer (Saler) “darkening its door”.
December 14, 2015
Anglicare SA Ltd has fired an employee (Melendez), and now finds itself having to justify its action in the Fair Work Commission today.
December 11, 2015
RIGHT OF ENTRY – revocation of permit – ss.512, 604 Fair Work Act 2009 – appeal – Full Bench – appeal against decision of Commission to revoke entry permits previously issued to Diana Asmar and Nick Katsis – Commission at first instance revoked permits on that basis that Asmar and Katsis had made false declarations and failed to complete requisite training – appellants appealed decision on the basis of five alleged legal errors – permission to appeal granted on the basis that the appeal raised novel and important issues – applicants submitted decision-maker had regard to irrelevant considerations, failed to consider fitness and propriety of Asmar and Katsis to hold permits, failed to take into account Asmar’s curriculum vitae, denied procedural fairness was denied and that a fair-minded lay observer might reasonably apprehend the decision-maker might not have brought an impartial mind to the matter – Commission not satisfied of any indication of bias or lack of procedural fairness – Commission satisfied that findings on fitness and propriety not required for revocation of permits – no legal error arose by not considering Asmar’s curriculum vitae – Commission not satisfied irrelevant material considered – decision also appealed on basis of three alleged factual errors – appellants submitted there was no proper basis on which to find that Asmar did not complete her own right of entry test, no basis on which to find that Katsis did not rely on ACTY data in order to support those findings – Commission not satisfied that alleged errors of fact made out – appeal dismissed. Appeal by Health Services Union – Victoria No. 1 Branch and Ors against decision of Watson VP of 26 June 2015 [[2015] FWC 3359] and order of 29 June 2015 [PR568839].
