Employment Law – Background
The Fair Work Commission has compensated an employee who was unfairly dismissed because her employer failed to comply with their consultation obligations under the relevant award.
Employment Law – Facts
In essence:
- Carer’s that Care (CTC) terminated Ms Morris’ employment because it could not afford to pay her full-time wage after losing a significant number of clients
- Ms Morris argued that she hadn’t received any warnings but was only told that CTC was shutting down and staff would be made redundant
- She also argued that she was not provided with the opportunity to respond, because the managing director refused to have any discussions with Morris
- Morris lodged an application for unfair dismissal
Employment Law – The Relevant Law
- Section 389 of the Fair Work Act (‘The Act’) states that a genuine redundancy occurs when an employee’s position is no longer required and the employer has complied with any obligations under the modern award or enterprise agreement
- The Fair Work Commission will then examine whether the dismissal was harsh, unreasonable or unjust under s387 of the Act
Employment Law – Fair Work Commission decision
The Fair Work Commission:
- found that the employee’s dismissal was not a genuine redundancy because the consultation obligations under the Clerks-Private Sector Award were not satisfied
- accepted that Ms Morris was dismissed because her role could no longer be performed due to operational changes
- found that the company had failed to consult with Ms Morris as required under the award was significant. Additionally, the company only verbally notified Morris of the dismissal
- consequently ruled that her dismissal was harsh, unjust or unreasonable.
- ordered compensation of $5482
The decision is available for you to read through the hyperlink:
Morris v Community Caring P/L t/a Carers That Care (U2017/6386) [2017] FWC 4433
Employment Law – Tips for Employers
Our Matthews Folbigg Workplace Solutions employment law team recommends employers:
- review this Fair Work Commission decision
- seek the assistance of an employment lawyer to understand the impacts of this Fair Work Commission decision
- ensure compliance with all employment laws including Fair Work Commission decisions, Awards and enterprise agreements
- understand what employment laws apply at your workplace including Awards and enterprise agreements
- ensure consultative processes are complied with as set out in industrial instruments
- apply a procedurally fair process where termination of employment is considered
Employment Law – More Information
Please call the leading employment lawyers in Parramatta, the Matthews Folbigg Workplace Solutions employment law team on 9635-7966 to speak with one of our employment lawyers.
