Case Studies

Here are some examples of the way in which we, at Nevett Ford, have been able to assist both employers and employees in dealing with matters that arise in a workplace or employment context.


• Worker paid on commission only basis brought proceedings in the Industrial Division of the Magistrates Court of Victoria for payment of the minimum wage set under the then Australian Fair Pay and Conditions Standard when the commissions she earned in one year did not reach the minimum wage set under the standard. The proceedings resolved by the employer agreeing to pay the employee the difference between the commissions earned and the minimum wage.

• Team leader engaged under a fixed term contract, which the employer terminated part way through the term without paying the remaining remuneration due. Court proceedings resolved by the employer agreeing to pay the team leader a substantial proportion of the remuneration due.

• Long term employee of a major enterprise asserted his redundancy was undercalculated relying on a statement the employer made in the letter offering the redundancy. The Industrial Division of the Magistrates Court of Victoria decided that the statement was not incorporated by reference into the employee’s award or contract and therefore the employer had calculated and paid the redundancy at the rate appropriate to the employee’s age and years of service regardless of the statement in the letter.

• Employee of two years duration terminated without being given any verbal or written feedback or warnings as to his performance. He commenced proceedings alleging unfair dismissal in the Australian Industrial Relations Commission (now Fair Work Australia), which resolved at conciliation by the employer agreeing to pay six weeks’ salary in lieu of notice and providing a statement of service.

• Major medical services employer was managing an employee, whom other employees complained was harassing and bullying them. This employee in turn made a complaint under the Equal Opportunity Act 1995 (Victoria) alleging the employer had discriminated against him on the basis of disability because of its failure to make changes in the workplace to accommodate him after he was injured. Conciliation conducted at the Victorian Equal Opportunity and Human Rights Commission permitted the employee to resign and to be paid accrued entitlements.

• Employee in the community sector terminated after two years for “operational reasons”. Application for unfair dismissal made to Fair Work Australia, which resolved at conciliation by the employer agreeing to pay an amount for compensation and supplying a statement of service with agreed wording to assist the employee in obtaining future employment within the community sector.

• Employee terminated where the reason given was unsatisfactory performance but while she was temporarily absent due to illness. An application for unlawful dismissal made to the Australian Industrial Relations Commission (now a general protections application to Fair Work Australia), resulted in the payment of compensation equivalent to six months salary.

• Long term employee terminated for alleged sexual harassment of a colleague, took proceedings in Fair Work Australia for unfair dismissal, which resolved at conciliation by the employer paying an amount for compensation and providing a statement of service.