TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – on 6 December 2016 applicant sent home for directing vulgar language at company director – applicant apologised and was offered job back on 7 December – applicant dismissed on 9 December 2016 – Commission found reason for dismissal by director was due to a direction from shareholder of company’s only customer – dismissal not consistent with small business fair dismissal code – Commission not satisfied termination was because of language, intimidation, bullying or serious safety breaches – considered factors in s.387 – no valid reason for dismissal – applicant not notified of reason as contemplated by s.387(b) – reason did not relate to capacity, conduct or unsatisfactory performance – size of business and lack of dedicated human resource expertise negatively impacted the procedure followed – considered under s.387(h) the direction from the shareholder of company’s only customer – Commission did not consider there was no other option than to act on direction – dismissal unfair – reinstatement was not appropriate – applicant would have remained in employment for another 12 months – applicant awarded compensation of 26 weeks’ pay. Trialonas v Steric Solutions P/L
October 5, 2017
Lutheran Church of Australia Queensland District is facing a s.394 (Application for unfair dismissal remedy) before Commissioner Simpson in his Brisbane chambers at 3.30pm (Bos).
October 5, 2017
RSL Care Limited has a s.372 (Application to deal with other contravention disputes) on its hands (Gwak).
October 5, 2017
A s.394 – Unfair dismissal application by Frances Newchurch against Tangentyere Council Aboriginal Corporation has succeeded. Commissioner Bissett in Melbourne on 3 October 2017 awarded Ms Newchurch $2591.
October 5, 2017
Fitzgerald Memorial Aged Care Facility Ltd is set to defend a s.394 (Application for unfair dismissal remedy) before Deputy President Booth in his Sydney chambers (Brown).
October 5, 2017
Kathrin Pydde has failed to convince the Fair Work Commission that she be allowed more time to pursue her unfair dismissal claim against Wickro Pty Ltd trading as Homestyle Aged Care Services.
October 5, 2017
Anglicare Community Services is facing a s.394 (Application for unfair dismissal remedy) before Deputy President Booth in his Sydney chambers (Lama).
October 5, 2017
SKG Radiology Pty Ltd is to be grilled over a s.394 (Application for unfair dismissal remedy) by an ex-staffer (Chandler).
