A rivulet of unfair dismissal/employment dispute applicants are lined up to appear in the Fair Work Commission today. The sixteen are: Yoga Loft (Kelly), Bis Industries (Larcombe), HST Tree Specialists Pty Ltd (Riley), Metro Trains Melbourne Pty Ltd (Florczak), Hix Group Pty Ltd (Archer), C.E. Richard & G.R. Richard and J. Richard (Roach), BGC Contracting Pty Ltd (Ninyette), City Wide Trading (Reed), Serco Australia Pty Ltd (Pickering), United Crib Block Construction Pty Ltd (Berger), Japeroch Investments (Hendry), NSG Australia (Selvaraju), Queensland Marine Holdings Pty Ltd (Oates), Professional Caliber Security Pty Ltd (Andrews), Coles Supermarkets Australia Pty Ltd (Higgins), BHP Coal Pty Ltd (Hayes).
May 17, 2017
Only 20 unfair dismissal/labour dispute applications are scheduled to be heard by the Fair Work Commission today. The full list is: Orica Australia Pty Ltd (Karaman), Marltag Pty Ltd (Richardson), Bis Industries (Larcombe), Republic of Everyone Pty Ltd (Buffee), Dr Dan White, Executive Director of Catholic Schools and legal representative of the Catholic Education Office, Sydney (Toohey), Karimbla Construction (Saad), The Trustee for Bartlett Family Trust (King), Fitzroy Learning Network Inc (Escalante), Nestle Australia Ltd (Furlong), Victoria University (Lawrence), Davidson Imports Pty Ltd (Goonewardene), Coles Supermarkets (Ueding), Uniting Care Wesley Bowden (Fowler), Australia Western Railroad Pty Ltd (Lloyd), Statseeker Pty Ltd (Cooper), Shailer Transport), Pinnacle Height Safety Pty Ltd (Burke), Logan City Electrical Service (Antonarakis).
May 16, 2017
A s.394 (Application for unfair dismissal remedy) by James Kaufman against Jones Lang LaSalle (Vic) Pty Ltd T/A JLL is still on foot. Deputy President Gostencnik in Melbourne on May 15 2017 dismissed a jurisdictional objection by JLL, and ruled Kaufman is covered by the award.
May 16, 2017
A s.394 (Application for unfair dismissal remedy) by Mona Roberts against Dawn House Incorporated has failed because she accidentally discontinued her claim.
May 16, 2017
A mere twenty-one unfair dismissal/job dispute applications will be heard nationwide by the Fair Work Commission today. The full list is: Carpets & Floors at Yours Pty Ltd (Sutcliffe), Cancer Patients Assistance Society of New South Wales (Pritchard), Mastermyne Pty Ltd (Baird), Dr Dan White, Executive Director of Catholic Schools and legal representative of the Catholic Education Office, Sydney (Toohey), NCR Australia Pty Limited & Cawley (Beasley-Hahn, Jeffers), Thirty Second Bean Company Pty Limited (Zaboj), Esso Australia Pty Ltd (Stephens), Global Care Group (GCG) Incorporated (Freeman), JBS Primo Queensland (McCormack), Greenfield Road Pty Ltd (Briggs, Lee) HPS Pharmacies Services Pty Ltd (Williams), TS (VIC) Property Trust as Trustee Salvation Army (VIC) Social Work (Ewels, Bokori-Mayman, Talarico), GM Holden Ltd (Pawlikowski), AST Protective Services (Vassallo), Latrobe Valley Building Services Pty Ltd (Alison), GP Amazing Products P/L (Decker), International Maritime Services Pty Ltd (Hemming).
May 15, 2017
Nineteen unfair dismissal/labour dispute applications are listed for hearing today by the Fair Work Commission. The full list is as follows: Blueprint Global Pty Ltd (Hanson), Own World Pty Limited (Woo), Everstone Pty Ltd (Heeps), Lapa Subiaco Pty Ltd (Ramos), Illawarra Coal Holdings Pty Limited (Gosek), Bupa Aged Care Mosman (Tavassoli), City of Sydney RSL & Community Club Ltd (Balgowan), Teys Australia Central Queensland Pty Ltd (Rodrigues), Jupiter’s Limited (Schipp), Australian Tallow Producers Pty Ltd (Garang), Department of Health and Human Services (Victoria) (Gourley), Spencers Amcal Pharmacy (Photopoulos), Sharrock Trust/Semsley Pty Ltd (Williamson), City of Darebin (Pittao), Luka Tippers and Excavation Pty Ltd (Everett), Townsville Aboriginal and Islander Health Service (Davis), Century Yuasa Battery Pty Ltd (Kee), IPS Logistics Pty Ltd (Power), Jimboomba Glass Pty Ltd (Wright).
May 12, 2017
A mere twenty unfair dismissal/employment dispute applicants will plead before the Fair Work Commission today. The full list is: RSL Care South Australia Incorporated (Standen), Bicycle South Australia Inc (Bridge), S & S Webster Investments Pty Ltd (Gelling), Hilti (aust) Pty Ltd (Harvy), Wandarrah Preschool & Community Centre (Gardiner), Optimum Recruitment Group (Vic) Pty Ltd (Dawe), CSL Limited (Saunders), Gold and Co Pty Ltd (Kiet), Richard Spanicek (Javed), Carpets & Floors At Yours Pty Ltd (Sutcliffe), Serco Australia Pty Ltd (Pickering), Be Inspired (NSW) Pty Ltd (Stock), Douglass Hanly Moir Pathology Pty Ltd (Fadheel), Dr Dan White, Executive Director of Catholic Schools and legal representative of the Catholic Education Office, Sydney (Toohey), Viator Systems Pty Ltd (Anderson, Antoniades), Quad Services Pty Ltd (Cohen), Sommerville Retail Services Pty Ltd (Dayrit), Rex Gorell Family Group Pty Ltd (Grozdanovski), ISG Management Pty Ltd (Laughlin).
May 12, 2017
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – no dispute as to the fact on 15 February 2017 the applicant was advised that he was being dismissed from his employment with the respondent – the issue to be determined was the date dismissal took effect as this is the date from which time runs for the purpose of the 21 day time limit to file an unfair dismissal application – application was filed on 21 March 2017 – applicant contended dismissal took effect on 1 March 2017 at the end of the 14-day notice period – respondent contended dismissal took effect on 15 February 2017 and the application was filed out of time – respondent opposed an extension of time to the applicant – respondent submitted and referred to Burns v Aboriginal Legal Service of Western Australia (Inc), Plaksa v Rail Corporation NSW, and Siagian v Sanel P/L to demonstrate a dismissal does not take effect unless and until it is communicated to the employee being dismissed, a dismissal can be communicated orally and where payment in lieu of notice is made the dismissal usually takes effect immediately – applicant relied on Leech v Preston Borough Council as considered in Siagan v Sanel and submitted ‘whether a payment made in lieu of notice immediately terminates the employment is always one of fact’ and referred to two examples from Leech v Preston Borough Council – namely the second example stating employment extends until the expiration of the period for which the payment was made – applicant also relied on Mihajlovic v Lifeline Macarthur – applicant submitted payment for two weeks’ notice was made on 10 March 2017, nine days after notice period ended and 11 days before an unfair dismissal application was lodged – Commission found respondent did not pay two weeks’ pay in lieu of notice – found respondent gave applicant two weeks’ notice and after the notice period expired and employment ended, respondent paid amount owing to applicant for the notice period – conduct of the respondent was consistent with the terms of the contract of employment and consistent with the example described in Leech v Preston Borough Council and as considered in Siagian v Sanel – Commission satisfied dismissal took effect at the end of the 14-day notice period on 1 March 2017 – application was made on 21 March 2017 and therefore made within time frame as required by s.394(2)(a) of the FW Act – no extension of time required and matter to be dealt with in the usual manner. Khoshkhoo v Information Management Integration P/L t/a Information Management Integration
