Unfair Dismissals


Our recent win in the Fair Work Commission (which appeared in last week’s Workplace Express), underscores the importance for an employer to have a diligent approach to the Fair Work Commission.

Our Chief Industrial Advocate Patrick Mullally represented Mr. Ryan Archer for the second time against Australian Ceramics Engineering Pty Ltd (ACE) in a case where the employer tried to overturn a decision in Mr Archer’s favour for compensation.

Last year in late November Commissioner Williams found that ACE’s decision in dismissing Mr. Archer for not getting vaccinated, was unreasonable as they could have redeployed him to a workshop. The Commissioner ordered ACE to pay their former employee $34, 200 in compensation.

ACE failed to appear at the hearing and comply with the Fair Work Commissions directions to file material in relation to the case.

A few weeks after the Commissioner made the order ACE filed an application for revocation of the decision, claiming the ‘’rogue’’ HR contractor who was overseeing the matter and acting on their behalf had misled them to believe the case was expected to “fall away”’. ACE’s managing director stated that he believed the HR contractor’s advice that it wasn’t a strong case and the last correspondence he allegedly received was a cancelled listing date and notice that the parties would soon receive a new listing date.

ACE submitted that the HR contractor used his own email address to correspond with the FWC, gave incorrect contact numbers and did not provide the new HR manager any information upon handover before he ceased working for them.

Deputy President Beaumont however, after a hearing, rejected the employer’s revocation application, concluding that ACE had an ineffective handover process, that they should have shown more diligence and respect for the legal process and taken responsibility as an employer to follow up on the status of the unfair dismissal application against them.

ACE’s application was denied and the order by Commissioner Williams to pay Mr. Archer the $34, 200 compensation upheld.

To read the full case click on the link below. For advice on all workplace matters call Workclaims Australia on 93010850.


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