TERMINATION OF EMPLOYMENT – misconduct – ss.387, 394 Fair Work Act – dismissal after incident with co-workers – applicant did not believe that he had done anything wrong – applicant previously received warnings on variety of issues during course – found applicant’s conduct towards co-workers was breach of respondent’s Workplace Bullying and Harassment Standard and Employee Performance and Behaviour Code – constituted valid reasons for termination – Byrne and Frew applied – termination not harsh, unjust or unreasonable – application dismissed. Larcombe v Bis Industries
August 8, 2017
TERMINATION OF EMPLOYMENT – valid reason – uncontested – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant serviced refrigerators and air-conditioning units – dismissal occurred after allegation that applicant was seen working for himself for cash while employed by respondent – applicant argued he was helping friend repair pool fence at relevant time – multiple attempts were made by Commission to notify respondent of proceedings by way of emails, letters and telephone calls – Commission was satisfied respondent was aware of application and had ample opportunity to respond, however had chosen not to do so – on that basis Commission treated application as uncontested – respondent was found not to have complied with Small Business Fair Dismissal Code – Commission could not be satisfied respondent believed on reasonable grounds that applicant’s conduct was ‘sufficiently serious to justify immediate dismissal’ – if dismissal could have been regarded as with notice, applicant had not been warned, given an opportunity to respond, nor given a valid reason as to why his employment was at risk – Commission accepted that applicant had not done a cash job and found no valid reason for termination – Service Manager and Managing Director had notified applicant of reason for termination, but each accused the other of witnessing alleged conduct and being decision maker – applicant was denied procedural fairness – dismissal was harsh, unjust and unreasonable – reinstatement inappropriate – in calculating compensation Commission applied Sprigg formula and deducted $10,000 earned by applicant in own business since dismissal – Commission ordered compensation of $19,640 gross taxed, plus 9.5% superannuation. Antonarakis v Logan City Electrical Service Division P/L
August 7, 2017
Fifty-three unfair dismissal/employment breach assertions need to be cleared up by the Fair Work Commission. The full list is: Blake Life Pty Ltd (Wales), Currency Select Pty Ltd (Woods), Fergrove Pharmaceuticals Pty Ltd (Ji), Clark Equipment Sales Pty Ltd & Roche (Lennon), Australian Energy Market Commission (Tran), Menzies International (Australia) Pty Ltd (Peters), AME Mineral Economics Pty Ltd (Scott-King), Atlantic Brands Pty Limited (Wu), The Information Management Group Pty Ltd (Clarke), Craig Mostyn Group Food & Agribusiness (Malho), Building Supplies WA (Stanton), Baker Hughes Australia Pty Limited (Manescu), Mario and Clara Enterprises Pty Ltd and Morgan Trading Pty Ltd (Duddington), Town of Victoria Park (Wilson), Cash Converters Pty Ltd (Roberts), Ace Traffic Control (Hunter), BHP Billiton Group (Johnson), St Louis CDC (Pearse), Garry Crick’s (Nambour) Pty Ltd as The Trustee for Crick Unit Trust (Parker), Onterran Ltd (Fan), Pivot Way Pty Ltd (O’Mara, Tottenham), QARC Pty Ltd (Tavita), Stanwell Corporation Limited (Clegg), Oolong Aboriginal Corporation (Longbottom), Woolworths Limited (Guillemain), ISS Facility Services Australia Ltd (Baltas), Swinburne University of Technology (Nickson), Australian Electoral Commission (Inglis), Solar Station Alpha Pty Ltd (von Erkel), ActewAGL (Crane), Securecorp Pty Ltd (Balkan), Kmercial (Di Gioacchino), Desago Real Estate Pty Ltd (Stevenson), Carter Holt Harvey Woodproducts Australia Pty Ltd (Akers), Edith Cowan University (Rogers), Paw Boy Pty Ltd (Solway), Let’s Play Centre (Criddle), Mid West Ports Authority (Drohan), Tox Free Australia Pty Ltd (Carr), Iron Bay Pty Ltd (Seitz), The GEO Group Australia Pty Ltd (Patel, Reihana), The GEO Group (Reilly), Argentis Systems Pty Ltd (Ujlaki), New Horizons (Aust) Ltd (O’Connor), OCS Services (Mathema), Mid West Ports Authority (Drohan), TSA (Jackson), Red Dog Construction & Developments & Elliott Property Group (Hart), Telstra Corporation Limited (Weler), Starlight Group Pty Ltd (Goldsmith).
August 4, 2017
The Fair Work Commission will hear a list of twenty-nine applications today. The full list is: SRG Corporate (Australia) Pty Ltd (McCarthy), The Uniting Church in Australia Property Trust (Q.) (Copeland), Margiu Pty Ltd (Whiting), John Holland Pty Ltd (JHPL), Australian Careers College (Osman), Toll Holdings Pty Ltd (Foley), AVJennings Holdings Limited (Dokoza), Eureka Operation Pty Ltd (Garg), Telstra (Ghazi), Vision Australia Ltd & Franco (Wilkinson), Central Bayside Community Health Services Limited (Bartlett), Tweed River Agricultural Society Ltd (Stranger), Ramsey Health Care Australia Pty Ltd (Hook), Pilbara Iron Company (Services) Pty Ltd (Moham & Macaulay), Marine Manning Services Pty Ltd (Gosling, Gracie, Stewart), Rio Tinto Limited (Baxter), Morris Corporation (Aust) Pty Ltd (Jaclyn), Parabellum International Pty Ltd (Bolton), Illawarra Coal Holdings Pty Limited (Gosek), St Vincent De Paul Society (Campbell), Queensland Property Investments Pty Limited (Marangon), Clancy Automotive Pty Ltd (Davies), NSW Trains (De Giusti), Amber Aviation Pty Ltd (Agarev), Romeo’s Retail Group (Bury), Monroe Springs (Australia) Pty Ltd and Monroe Australia Pty Ltd and Walker Australia Pty Ltd (Graham), Rexel Holdings Australia (Sickerdick).
August 3, 2017
Twenty-two unfair dismissal/contract breach applications are due to be heard by the Fair Work Commission. The current list includes: Pine Design Holdings Pty Ltd (Perriman), Barada Barna Aboriginal Corporation (Dargan, Roos), SRG Corporate (Australia) Pty Ltd (McCarthy), Windolf Farms Pty Ltd (Sippel), Coles Supermarkets Australia Pty Ltd (Higgins), Queensland Bulk Water Supply Authority (Mcpherson), QBar Darwin Pty Ltd (Coffey), Eureka Operation Pty Ltd (Garg), Neibo Real Estate Pty Ltd (Carlin-Smith), Fitzgerald PD Pty Ltd (Evans), SSAA Victoria (Schefferie), Northwest Supermarkets Pty Ltd (Johnson), Securecorp Pty Ltd (Balkan), Western Power (Singh), Boekeman Machinery (WA) Pty Ltd (Thompson), PAC Perth Pty Ltd (Stoney), Queensland Property Investments Pty Limited (Marangon), O’Brien Glass (McMaugh), Blooms the Chemist Management Services (Cameron), Elegant Lashes Pty Ltd (Salgueiro), Spotless Facilities Services Pty Ltd (Hambridge).
August 2, 2017
Seventeen unfair dismissal/labour dispute applications will be heard by the Fair Work Commission later today. The list includes: Lemon & Sin Trading Pty Ltd (Khong), Pets Wonderland (Ford), MG Logistics Pty Limited & McGrath Sales Pty Limited (Moore, Tutt), Caltex (Moloney), Relationships Australia (NSW) Limited (Khan), Nib Health Funds Ltd (Smith), Bidgerdii Community Health Service (VanDenBrink), Kingmill Pty Ltd (Padayachy), Downer EDI Works Pty Ltd (Clements), Yagbani Aboriginal Corporation (Grima), Epworth HealthCare (Naicker), Horan & Bird Energy Pty Ltd (Gaunt), Coles Supermarkets Australia Pty Ltd (Higgins), Central SEQ Distributor Retailer Authority & Prideaux and Another (Mortimer), The Paraplegic & Quadriplegic Association of South Australia Inc (Scholz), Cabin Services Australia (Wederay).
August 1, 2017
A mere twenty unfair dismissal/labour dispute applications are listed for hearing today. The full Fair Work Commission list is: Moreland Holdings Pty Ltd (Dowdy), SJ & LA Drain Pty Ltd (Burton), Coles Supermarkets Australia Pty Ltd (Higgins), Foxtel Management Pty Ltd (Webber), XL Express Pty Ltd (Biffin), Cotton On Group Services Pty Ltd (Arndell), Ethnic Publications Pty Ltd (Iliades), Lawson Worldwide Forwarding Pty Ltd (Ilves), JBS Australia Pty Ltd (Tisema), Bernadette Pimenta Couture (Tran), Kmercial (Di Gioacchino), Local Government Association of Tasmania (Watson), Architectural Project Specialist (Nicolaou), Evolution Traffic Control Pty Ltd (Diplock), South Sydney Junior Rugby League Club Ltd (He), Bellbird Kindergarten (Madeleine), Rheem Australia Pty Ltd (Mohan), Revitalise Face & Body (Baird), Tangentyere Council Aboriginal Corporation (Newchurch), Visy Board Pty Ltd (Nugent).
July 28, 2017
The Fair Work Commission will hear twenty-eight unfair dismissal and labour dispute applications today. The full list is: Farstad Shipping (Indian Pacific) Pty Ltd (Rust), Artcraft Pty Ltd (Alverson), Roy Hill Holdings Pty Ltd (Ateny), Cape Australia (Pitt), Colonial Farm (Villanueva), Suncorp Group (Miles), Securecorp Pty Ltd (Balkan), 3D Scaffolding (Trialonas), Quantum Support Services Inc (Loeckenhoff), Woolworths Limited (Lin), Melbourne City Council (Grey), CQ University Australia (Elliott), I-MED Queensland Pty Ltd (Lindsay), Dayboro Community Kindergarten Associate Inc (Hoban), Australia Post (Fenwick), AME Mineral Economics Pty Ltd (Manson), TONO Holdings Pty Ltd (Brien), Thompson Healthcare Pty Ltd (Adamopoulos), Woolworths Group (Patel), Migas Apprentices & Trainees (Harrison-Comrie), Sunnyfield (Hines), Chartair Pty Ltd (Capuana), Cape Australia (Pitt), Bauer Kompressoren Australia Pty Ltd (Wan), Currency Select Pty Ltd (Woods), The Allan Engineering Unit Trust (Williams), Cowra Tyre & Brake Centre Pty Limited (Davis).
