Gai Reng v JBS Australia Pty Limited

[2013] FWC 379

[2013] FWC 379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Gai Reng
v
JBS Australia Pty Limited
(U2012/12197)

COMMISSIONER RYAN MELBOURNE, 17 JANUARY 2013

Termination of employment - termination harsh, unjust and/or unreasonable - determination of amount of lost remuneration.

[1] On 27 December 2012, I published a decision in this matter recording my reasons for finding the termination of the applicant’s employment by JBS Australia Pty Limited was harsh, unjust and/or unreasonable (my earlier decision). An order granting reinstatement and continuity of employment was issued with my earlier decision.

[2] In my earlier decision I reserved the matter of the determination of the amount of lost remuneration under s.391(3) and (4) of the Fair Work Act 2009 to be paid to Mr Reng.

[3] The matter was listed for further hearing in relation to lost remuneration on 11 January 2013. During proceedings Mr Reng gave evidence and submissions were made by Mr Portelli from the National Union of Workers and by Mr Boyce for the respondent.

[4] It was agreed between Mr Portelli and Mr Boyce that they would hold discussions following the conclusion of the hearing in order to see if consent could be reached on the amount of lost remuneration to be ordered.

[5] Agreement was reached between the parties that the amount of lost remuneration to be ordered is $9,000, less appropriate taxation, payable within 14 days of my order.

[6] An order in those terms will issue together with this decision.

COMMISSIONER

Appearances:

A. Portelli, National Union of Workers, for the Applicant

S. Button together with G. Boyce of counsel for the Respondent

Hearing details:

2013.

Melbourne:

January 11 (by telephone).

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