Mr Allan John Button v J Boag & Son Brewing Pty Ltd

The applicant, Mr Allan John Button, sought relief from the Fair Work Commission against his former employer, J Boag & Son Brewing Pty Ltd, alleging unfair dismissal. The central issue was whether the employer's decision to terminate Mr Button's employment was justified, particularly in light of his subsequent performance of modified duties and the discovery of new information post-dismissal. The Fair Work Commission was tasked with determining whether the employer had valid grounds for termination, considering the inherent requirements of the role and the employer's ability to modify duties.

The legal issues revolved around the employer's right to modify the duties of an employee and the employer's capacity to make an informed decision regarding dismissal when post-employment information surfaces. The court had to assess whether the employer had acted reasonably and in good faith, particularly considering the modified duties that Mr Button performed after his dismissal. The fairness of the dismissal also hinged on whether the employer could have reasonably discovered the grounds for dismissal before the termination.

The Fair Work Commission concluded that the employer acted reasonably and in good faith. The employer's decision to terminate Mr Button was based on valid grounds that became apparent during his performance of modified duties. The Commission determined that the employer had not acted unfairly, as the dismissal was justified by the discovery of information that would have warranted termination even before the modified duties were assigned. The Commission emphasised the employer's right to rely on the inherent requirements of the role and the subsequent information that validated the dismissal decision.

The Fair Work Commission dismissed Mr Button's application for unfair dismissal remedy. It found that the employer's actions were reasonable and that the dismissal was justified based on the modified duties and the post-employment discovery. The Commission ruled in favour of J Boag & Son Brewing Pty Ltd, upholding the employer's decision to terminate Mr Button's employment.