Below are some cases in which Nevett Ford have acted with positive results:
• Employee, who was not properly trained for her position, was terminated for alleged
poor performance but whilst she was absent on carers leave. A general protections
application to Fair Work Australia resolved by the employer paying an amount for
compensation and providing a statement of service.
• Employer terminated sales representative for poor performance and misuse of the
employer’s property after numerous verbal warnings. The employee commenced proceedings
for unfair dismissal to Fair Work Australia, which the employer successfully defended
on the basis that the dismissal was not harsh, or unjust, or unreasonable.
• Senior executive of a multinational company had his contract of employment terminated
without notice and for no stated cause. Court proceedings against the company resolved
at mediation by the company agreeing to pay the employee an amount for reasonable
notice.
• Executive in company specialising in recruitment and retraining for retrenched
employees was terminated without being offered a redundancy. Court proceedings resolved
by the company agreeing to pay the employee a redundancy commensurate with its policy.
• Financial services employer terminated an employee for serious misconduct arising
from the employee’s honesty in his personal life. The employee issued an application
for unfair dismissal in the Australian Industrial Relations Commission (now Fair
Work Australia), which found the termination was justified.
• Employer terminated employee for persistent failure to comply with company policy
on the use of its property, including computer and mobile telephone. The employee
issued an unfair dismissal application in the Australian Industrial Relations Commission
(now Fair Work Australia) outside the period specified, which refused to extend
the time in which the employee could apply and found the termination justified.
• Employee of a transport company alleged he had been injured in the course of his
employment but the employer doubted this. The company nonetheless placed the employee
on modified duties but the employee refused to comply with them. The employee then
alleged that the employer was discriminating against him on the basis of disability
arising from his injury. The employer permitted the employee to resign and paid
him his accrued entitlements.