Christopher Dean Plummer and Stannard Bros Launch Service Pty Ltd [2005] NSWIRComm 1068

Christopher Dean Plummer and Stannard Bros Launch Service Pty Ltd [2005] NSWIRComm 1068

The applicant had ample opportunity after warning to correct his excessive absenteeism and to provide acceptable evidence for the Queensland and Thailand absences, and his responses to the last two unauthorised absences amounted to serious non-communication. However, the respondent had allowed a workplace culture of employee-managed swaps and latitude to develop, had carelessly condoned aspects of the applicant's conduct, and failed to properly communicate its displeasure about the Queensland absence until termination, making termination harsh in the circumstances. The appropriate remedy was compensation of four weeks' pay rather than reinstatement.

Jurisdiction
Australia
Judgment Date
11 May 2005
Procedural Posture
Application Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Decision After Hearing
Outcome
Termination found harsh in the circumstances; compensation ordered and matter concluded.
Legal Topics
['unfair Dismissal' 'absenteeism' 'non Communication' 'medical Certificate' 'procedural Fairness' 'reinstatement and Compensation']
['industrial Relations' 'employment Law'] ['unfair Dismissal' 'absenteeism' 'non Communication' 'medical Certificate' 'procedural Fairness' 'reinstatement and Compensation']

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Procedural Posture

Application Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Decision After Hearing

Legal Issues

  1. 1 ["Whether the applicant's dismissal for absenteeism, non-communication and failure to provide satisfactory medical or travel evidence was harsh, unjust or unreasonable." 'Whether the applicant had been given adequate warning and opportunity to correct or explain his conduct.' 'Whether reinstatement, re-employment or compensation was the appropriate remedy.']

Ratio Decidendi

The applicant had ample opportunity after warning to correct his excessive absenteeism and to provide acceptable evidence for the Queensland and Thailand absences, and his responses to the last two unauthorised absences amounted to serious non-communication. However, the respondent had allowed a workplace culture of employee-managed swaps and latitude to develop, had carelessly condoned aspects of the applicant's conduct, and failed to properly communicate its displeasure about the Queensland absence until termination, making termination harsh in the circumstances. The appropriate remedy was compensation of four weeks' pay rather than reinstatement.

Court Disposition

Termination found harsh in the circumstances; compensation ordered and matter concluded.

Orders

  • ["The Respondent is ordered to pay to the Applicant a sum equivalent to four weeks' pay calculated at the rate of pay at the time of his termination, less the appropriate taxation deduction." 'The payment is to be made within 28 days.' "The Order is to take effect on and from today's date, 11 May, 2005." 'Matter No....