Category Archives: NEWS HR

TERMINATION OF EMPLOYMENT – extension of time – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as Marketing Manager – commenced extended period of sick leave – after requesting flexible work arrangement for part-time work she was advised by respondent that business requirements could not be met by her working part-time – applicant advised that respondent planned to restructure Marketing Department – applicant was advised her role was redundant – application lodged 48 days outside statutory limit – whether time for filing of the application should be extended due to ‘exceptional circumstances’ – serious illness of applicant – applicant under extraordinary stress – ‘exceptional circumstances’ established – time for filing application extended – whether dismissal a case of ‘genuine redundancy’ – employer no longer required the applicant’s job to be performed by anyone – failure to properly consult over redundancy and redeployment – dismissal determined before consultation – dismissal not a case of ‘genuine redundancy’ – Commission not precluded from considering merits – further proceedings as to merit and remedy (if necessary). Mohanan v China Southern Airlines Limited

Emirates is embroiled in an s.372 (application to deal with other contravention disputes) contretemps with a disaffected employee (Antoniou).

Enterprise bargaining – protected action ballot – s.437 Fair Work Act 2009 – application for a protected action ballot order – respondent objected to application on the basis that applicant not genuinely trying to reach agreement – respondent submitted applicant’s claims fanciful in the context of the industry, did not involve permitted matters and were merely precursors to an industry wide claim being pursued as part of the 4 Yearly Review of modern awards – respondent further submitted orders sought by applicant did not provide employees with opportunity to make an informed ballot choice, and that the proposed orders did not related to ‘industrial action’ within meaning of FW Act – Esso Australia P/L considered – Commission satisfied that applicant genuinely trying to reach agreement – applicant’s claims not fanciful – term that describes employee as a piece workers was a permitted matter – no authority for proposition that pursuing a claim through award variation as well as through bargaining would lead to conclusion that party was not genuinely bargaining – no authority for proposition that a possible risk of brand damage or defamation is a matter that would prevent the Commission from issuing an order – questions as proposed were capable of being included as part of a protected action ballot order – Commission satisfied requirements of FW Act met – protected action ballot order made. The Australian Workers’ Union v Mount Buller Ski & Snowboard School.

Caz Beckett has lost his unfair dismissal claim against the Heritage Bar & Grill Pty Ltd T/A Heritage Bar. He failed to front up to a conciliation meeting. In the words of Fair Work Senior Deputy President Richards in Brisbane, “He has not evinced any effort to pursue the application he has agitated.” He might well have been sacked for a lack of interest.

Sydney Trains just cannot shake the s.394 (application for unfair dismissal remedy) from an ex-employee (Poposki). The matter returns to the FWC to be heard by Commissioner McKenna at 3.30pm.

Australia Leisure & Hospitality Group Pty Ltd is before Fair Work Deputy President Sams in the Coffs Harbour Court House defending an s.394 (application for unfair dismissal remedy) from an ex-employee (McCormick).

Termination of employment – minimum employment period – ss. 394, 400, 604, Fair Work Act 2009 – permission to appeal – Full Bench – at first instance Commission determined that the appellant had not met the minimum period of employment for a small business employer – appellant sought permission to appeal – the appellant did not identify any particular error in the Decision but sought to adduce new evidence about a purported partnership – Commission applied principles of Atkins in particular that there must be a high degree of probability that there would be a different decision – Full Bench found that there was no real possibility that the new evidence would change the decision – the new evidence was refused – permission to appeal refused. Leung v Brian Burgess atf Brian Burgess Family Trust, Binnia Downs Meat Co. P/L atf MCP Carr Investment Trust (in Partnership) t/a Kogarah Inn.

Westward Ho Golf Club Inc is to answer an s.372 (application to deal with other contravention disputes) today which has been lodged by an ex-employee (Russell).