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[2011] FWA 1586
General information, not legal advice.
Fair Work Australia
2011-03-29
Original judgment source is linked above.
(#P29_1238) Ss. 23 of the Act - the respondent employs less than 15 employees.
(#P30_1383) S.383 of the Act - the applicant has over 12 months service.
(#P31_1469) S.394(2) of the Act - the application was filed with 14 days of the dismissal.
(#P32_1583) S.386 of the Act - the respondent accepts that it dismissed the applicant at its initiative.
(#P33_1745) S.389 of the Act - the applicant has been replaced.
(#P85_8629) Except where s.596(3) and (4) applies.
(#P168_23398) The employment separation certificate also showed the reason for dismissal "unsuitability for this type of work" had been ticked and then crossed out. I do not consider this to be significant given the evidence touching upon the issue.
(#P171_23963) Exhibits R3, R4 and R5.
(#P253_31942) Attached to Exhibit R2.
(#P282_37501) I note the approach taken to this issue in s.387(d) of the Act and I do not consider that the Code intended a more rigorous approach to this aspect of procedural fairness than applies in the case of non-small businesses.
(#P302_38575) PR507830.
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Grigonis
Adelaide Coffee Company Pty Ltd [2011] FWA 1586