NEWS HR

Pambula Merimbula Golf Club Limited is in another unfair dismissal bunker (Libbis) in the Fair Work Commission in Sydney.

Harbour City Ferries Pty Ltd is to appear in the Fair Work Commission at the behest of an ex-employee (Morgan) who is asserting unfair dismissal. The matter is to be heard by FWC Vice President Lawler.

ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute regarding classifications under Qantas Airways Ltd and Q Catering Ltd – Transport Workers Agreement 2015 – Q Catering created a new role of consolidated leading hand (CLH) by combining two Level 5 leading hand roles – Q Catering classified the CLH role as Level 5 – TWU contend that the CLH was a Level 6 role – Commission applied principles of Golden Cockerel and did not look beyond the words of the agreement because they had plain meaning and contained no ambiguity – Commission found that the CLH was a Level 5 – in reaching this conclusion the Commission looked at the work performed and the usual duties of the CLH compared with the classifcations in the agreement. Transport Workers’ Union of Australia v Qantas Catering Group Ltd t/a Q Catering.

Crown Melbourne Limited is facing an s.394 (application for unfair dismissal remedy) from an ex-employee (Tsipteliois).

Annette’s Place Incorporated is facing a s.394 (application for unfair dismissal remedy) from an ex-employee (Nation) in Wagga Wagga.

Emirates Airlines is being accused of unfair dismissal (Goshalia).

Forster Tuncurry Golf Club Ltd has made a s.120 (application to vary redundancy pay for other employment or incapacity to pay). The matter is to be heard by Fair Work Deputy President Sams in Sydney.

Termination of employment – performance – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant performed duties as a Senior Accounts Manager – contract of employment indicated the applicant would receive advice, training and guidance – applicant dismissed after review on completion of six-month probationary period – respondent submitted probation unsatisfactory due to ‘incorrect coding of invoices, GST not being allocated correctly and bank reconciliation not kept up to date and frequent general erros occuring’ – applicant submitted events leading to dismissal were due to respondent’s failure to provide guidance and training, and that financial information from previous financial years was ‘in a mess’ – applicant’s conduct also a cause for concern after incident where the applicant refused to pay for food and wine during a private golf day at the club, and then called in sick the next day – Commission satisfied on fine balance respondent did not have a valid reason for dismissal but acknowledged respondent was not without a number of concerns – necessary to consider other elements – found applicant was harshly, unjustly or unreasonably dismissed – reinstatement not appropriate – Commission satisfied applicant’s misconduct contributed to dismissal – compensation reduced by two weeks – compensation equivalent to five weeks’ pay with an additional one week’s pay at the reduced rate of $200 (taxed accordingly) ordered. Templeton v McLeod Country Golf Club Inc t/a McLeod.