TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant involved in incident on way home from work in company vehicle – fellow employee in vehicle – applicant’s employment terminated with immediate effect following investigation – reinstatement sought – respondent contended dismissal was for a valid reason and not unfair – whether sufficient connection between out of working hours conduct and applicant’s employment – whether applicant’s conduct constituted misconduct – out of hours conduct must have a relevant connection to the employment relationship to be considered a valid reason for dismissal [Kedwell v Coal & Allied] – Commission satisfied relevant and sufficient connection – conduct took place in company vehicle with respondent’s details on while wearing shirt with company logo – conduct contrary to reasonable policy and instructions from respondent – misconduct found – valid reason for dismissal – dismissal procedurally fair – competing considerations as to whether dismissal was harsh – on balance dismissal not harsh, unjust or unreasonable – application dismissed. Iannella v Engie Fire Services Australia P/L t/a Engie Services
January 16, 2017
The s.394 (Unfair dismissal) application by Scott Carter against MSS Security Pty Ltd has been dismissed by Deputy President Lawrence.
January 16, 2017
Kylie Campbell has had her unfair dismissal claim against Pioneer Credit Acquisition Services Pty Ltd rejected by Commissioner Platt in Adelaide on 12 January 2017.
January 16, 2017
A s.365 (Application to deal with contraventions involving dismissal) by Mark Walker against Delron Cleaning has been rejected by Commissioner Roe in Melbourne.
January 16, 2017
The United Firefighters’ Union of Australia and Broadspectrum (Australia) Pty Ltd are arguing a s.739 (Application to deal with a dispute) before Commissioner Williams in the Fair Work Commission 111 St Georges Terrace Perth today.
January 16, 2017
Gary Hart has failed to convince the Fair Work Commission that his claim against Truss Guard Rail Pty Ltd be entertained.
January 16, 2017
The Fair Work Commission hearing list for unfair dismissal and labour dispute applications today includes: Digital Skies Group Pty Ltd (Harding), Dhauward-Wurrung Portland & District Aboriginal Elderly Citizens Inc (Kelly), South Pacific Engineering Pty Ltd (Draca), Universal Education Centre Pty Ltd (Constantine), Rashay’s Hume Hwy Franchise (Sing), RIVTOY Pty Ltd (Childe), B & E Poultry Holdings Pty Ltd (Hassan), St Vincent’s Hospital Sydney Ltd (Grygiel), Compass Group Management Services Pty Ltd (Black), Allianz Insurance Australia (Rogers), Valley Retreat Investments Pty Ltd (Spurr), Godfrey Hirst Australia Pty Ltd (Varathalingam), Monash University (Bluzer), Crawford Office Services Trust (McKenzie), University of Canberra (Seyrl, Dewan), Green Mountain Food Processing (Abraham), Gunnmack Pty Ltd (Crosswell), Aluminium Balstrudes (Phillips), TNT Australia Pty Ltd (Pryke), Fifty Five Trading Trust (Winnin), Monadelphous Engineering Pty Ltd (Mirabella), Simon Transport Pty Ltd (O’Brien), Vinpac International Pty Ltd (Cox), BAE Systems Australia Limited (England).
January 13, 2017
The full list of unfair dismissal labour dispute applicants to be heard by the Fair Work Commission today is: Republic Theatres Darwin Pty Ltd (Schneider), Spotless Services Aus Ltd (Roberts), Mao Sun Pty Ltd (Chan), Grant Johnson Pty Ltd ATF The Grant Johnson Trust (Petrie), Juru Enterprise Limited (Aidon), Queensland Rail Limited (Hearn), ASPL Australia Pty Ltd (Hetherington), QT Mutual Bank Ltd (Gray), N Q Fire Protection (Scholz), Bonadio Supply Pty Ltd (Arjona), Interfreight (Bowers), Talvor Motorhomes (Hartman), Forex Capital Trading Pty Ltd (Merchant), CMBM (Sharma), Whitsaim Pty Ltd (Spindzos), NRS Security Solution Pty Ltd (Jan), Evolution Business Systems Pty Ltd (Preiss), MMG Australia Limited (Byrne), Optimum Recruitment Group (Vic) Pty LTd (Dawe), Dr Collin Scott (Brown), Woolworths Limited (Mistry), Boral Cement Limited (Blake), paper Street Pty Ltd (Vasilevski), Ferngrove Pharmaceuticals Pty Ltd (Manda), Bathroom West Morley (Vannereau), Inner West Towing Pty Ltd (Maynard), United Crib Block Construction Pty Ltd (Berger).
