Mr Jonathon Lade v DNKC Transport
[2012] FWA 5969
•16 JULY 2012
[2012] FWA 5969 |
|
DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Mr Jonathon Lade
v
DNKC Transport
(U2012/6261)
DEPUTY PRESIDENT LEARY | HOBART, 16 JULY 2012 |
Termination of Employment.
[1] This is an application made pursuant to s.394 of the Fair Work Act 2009 (the Act) by Jonathon Lade (the applicant) alleging that his termination of employment by DNKC Transport (the respondent) was unfair.
[2] The parties were directed to provide written submissions. The applicant complied with the directions however no submissions were provided by the respondent.
[3] The matter was listed for hearing in Launceston on 6 July, 2012. Many attempts have been made by the Unfair Dismissal Unit and the Hobart Registry to contact the named respondent, all were unsuccessful with phone calls not being returned. An employee at the depot in Devonport advised that the respondent was aware of the hearing.
[4] In light of the above circumstances the applicant will withdraw his s.394 application and pursue his claim for unpaid entitlements with the Fair Work Ombudsman (FWO). Fair Work Australia (FWA) will provide all information available to it to the FWO.
[5] The applicant provided a copy of what appears to be an offer or letter of appointment which states the following:
Drivers will be paid ‘$850.00 net weekly’.
Working week is ‘Friday thru Thursday’.
Possibility of ‘a cash bonus’. (Contract with CSR provides a 3 monthly bonus to the ‘whole Company’ subject to meeting key performance indicators).
‘Extra long days, or any Saturday work will be negotiated on a cash basis’.
[6] The applicant claimed that his salary was sometimes reduced to $800.00 per week for no obvious reason. No superannuation payments have been made on his behalf and no entitlements due to him on termination have been paid. It would seem there may be breaches of the award also.
[7] The applicant said that he was told on termination that there was not enough work however another employee was engaged before his ‘official last day’.
[8] The respondent operates in Tasmania and Victoria.
[9] The matter will be referred to the FWO.
DEPUTY PRESIDENT
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