TERMINATION OF EMPLOYMENT – demotion – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – jurisdictional objection from respondent that applicant not dismissed – applicant employed as Mechanical Service Technician – applicant remained employed by respondent but in different role with reduced responsibilities and remuneration – respondent contended that they were authorised to demote applicant through clause in contract – changes authorised by contract of employment not relevant to question of whether employee was dismissed – nevertheless contract did not authorise changes made to remuneration and duties – reasonable person would not have understood term in contract to mean respondent could unilaterally demote as a means of disciplining for misconduct – demotion used to discipline not meet business opportunity – respondent contended custom and practice resulted in incorporation of express term in contract – evidence did not establish existence of custom – respondent contended demotion was at suggestion or request – applicant did not make offer of demotion capable of acceptance – no certainty of terms – demotion at respondent’s initiative – jurisdictional objection dismissed – matter to be listed for hearing on merits.Harrison v FLSmidth P/L t/a FLSmidth P/L
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