TERMINATION OF EMPLOYMENT – demotion – s.394 Fair Work Act 2009 – applicant dismissed for refusing to accept reduction in pay – respondent suffered unforeseen and significant reduction in revenue and cash flow in 2015 – expenditure cut – reluctant to reduce labour headcount – respondent engaged with staff by giving a presentation and asked them to take a temporary 10% pay cut – vast majority accepted – Commission held this was a legitimate course of action – applicant on annual leave when presentation given – returned to work and was advised he had until close of business the next day to agree to the reduction in pay or be terminated – Commission held applicant should have been treated the same way the other staff were treated – found applicant refusing to accept reduction in pay was not a valid reason for termination as case lacked procedural fairness – dismissal was harsh, unjust or unreasonable – reinstatement not appropriate in the circumstances – ordered compensation of $3,259.70, taxed according to law. Piggott v Wellpark Holdings P/L t/a ERGT Australia
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