NEWS HR

Case procedures – appeals – termination of employment – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – Full Bench decision given on transcript – concerned an application for permission to appeal against a decision in relation to appellant’s unfair dismissal application – necessary for appellant to demonstrate an arguable case of appealable error, and also that it is in the public interest that permission to appeal be granted – Full Bench not satisfied an arguable case of appealable error was made out and not satisfied that it was in the public interest to grant permission to appeal – permission to appeal refused. Appeal by Salamon against decision in transcript of Lawler VP of 24 August 2015 Re: Showcall Crewing P/L

Termination of employment – remedy – compensation – s.394 Fair Work Act 2009 – applicant dismissed for serious misconduct – Commission found the applicant’s conduct did not constitute serious misconduct and that the dismissal was unfair [[2015] FWC 4178] – applicant sought compensation – on consideration of the future employment relationship, given applicant’s unblemished work record, length of service and time until full long service leave entitlement realised, Commission accepted that applicant would have remained in employment until 9 October 2016 when she would have accrued full entitlement to long service leave – applicant would likely have received $96,848.81 remuneration but for dismissal – Commission found 30% discount for contingencies appropriate for applicant’s wrist injury and possible resignation to access potential entitlement to pro rata long service leave before 10 years’ service – reasonable mitigation efforts – $4,807.15 in earnings deducted – no amount deducted for Centrelink benefits [McCulloch] or entitlement to pro rata long service leave – no discount for misconduct for reasoning in intiail decision – legislative cap applied – respondent ordered to pay $30,182.36 compensation, less taxation as required by law. Konya v Transit Australia P/L t/a Marlin Coast Sunbus

Termination of employment – minimum employment period – ss.383, 394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent made jurisdictional objection that applicant did not meet minimum employment period – employment offer on 14 November 2014 and employment contract provided that commencement date 12 January 2015 – applicant advised on 7 July 2015 that employment terminated and escorted from premises – Commission found employment commenced on 12 January 2015 – confidentiality agreement signed prior did not purport to be employment contract – employment terminated on 7 July 2015 – fact termination not in writing did not mean it did not take effect – Commission satisfied applicant did not meet minimum employment period – jurisdictional objection upheld – applicant not protected from unfair dismissal – application dismissed. Dunn v IVvy P/L

Royal Canberra Golf Club Limited is today answering a s.394 (application for unfair dismissal remedy) lodged by an ex-employee (Harris).

An application for approval of the AAT Kings Central Australia Collective Agreement 2015 is being analysed by Fair Work Deputy President Sams.

An application for approval of the Yarra Trams Enterprise Agreement 2015 – Operations is being reviewed by Fair Work Deputy President Sams.

United Voice and Menzies International (Australia) Pty Ltd are embroiled in a s.739 (application to deal with a dispute) in the Fair Work Commission.

Virgin Australia Regional Airlines Pty Ltd is defending a s.739 (application to deal with a dispute) launched by staff (Bronleigh/Cougle).

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