NEWS HR

The full list of unfair dismissal/labour dispute applicants in the Fair Work Commission today includes: Commonwealth of Australia (Peters), Monash University (Bluzer), Precept Services Pty Ltd (Hanson), Allianz Insurance Australia (Rogers), Transgrid (Adsett), Anglo Coal (Drayton Management) Pty Limited (Medhurst), Territory Glass and Aluminium NT Pty Ltd (Watts), Yirara College of the Finke River Mission Inc (Wapling), Staples Australia Pty Ltd (Rogers, Williams, Wu), Core Integrated Solutions Pty Ltd (Kaye-Smith), A&T Switch Trust (Dulaney), MK Floors ACT Pty Ltd (Soane), Airbus Group Australia Pacific Limited (McLaren), Noosa District Community FM Radio Assn Inc (McRobert), Lifestyle Supports Pty Ltd (Williams), Molly Malones Irish Pub (Crisp), Workforce International Group Pty Limited (Geary), Chevron Glass Pty Ltd (Steer), Street Fleet Pty Ltd (Reece), Genesee & Wyoming Australia Pty Ltd (Harris, Labuschange).

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

The s.394 (Unfair dismissal) application by Scott Carter against MSS Security Pty Ltd has been dismissed by Deputy President Lawrence.

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.

A s.365 (Application to deal with contraventions involving dismissal) by Mark Walker against Delron Cleaning has been rejected by Commissioner Roe in Melbourne.

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.

Gary Hart has failed to convince the Fair Work Commission that his claim against Truss Guard Rail Pty Ltd be entertained.

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).