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[2014] FWC 2967
defendant. Dismissal found to be harsh, unjust and unreasonable; reinstatement inappropriate; compensation of $2,676.92 ordered to be paid within 14 days
The Fair Work Commission found that an employee with 17 years' service was unfairly dismissed when his employer terminated his employment on the same day liquidators were appointed. Although the company was in liquidation, this did not prevent the Commission from hearing the case because the winding up was by court order (not voluntary). The Commission found the dismissal was unfair because there was no valid reason related to the employee's conduct or capacity, and the business continued operating with other employees retained. However, because the company was in liquidation, reinstatement was not appropriate. For compensation, the Commission limited the award to just 4 weeks' pay ($2,676.92) because even though the dismissal was unfair, the liquidator would probably have terminated the employee's employment within a few weeks anyway. The employee's unpaid leave and other entitlements were not included in the compensation because he could claim those separately under a government scheme.
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1 cited instrument linked from this judgment.
(#P38_1445) PR940508.
(#P40_2017) See Bruce v Fingal Glen Pty Ltd [2013] FWC 2704.
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Universal Bakery [2014] FWC 2967
Dismissal found to be harsh, unjust and unreasonable; reinstatement inappropriate; compensation of $2,676.92 ordered to be paid within 14 days