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Ai Group Industry Newsletter

Wednesday, 22 February 2017
 
  16 February 2017
 
Manufacturing alive & kicking: ABC Ai Group interview
 
  22 February 2017
 
ABCC and Building Code:
Ai Group wins practical changes
 

 

 

 

  22 February 2017
 
What will Australia's business environment look like in 2017?
 
  21 February 2017
 
Should your business jump on the social media bandwagon?
 

 

 

 

  6 February 2017
 
Network protection legislation may lead to greater cyber risk
 
  22 February 2017
 
New mandatory data breach notification scheme for business
 

 

 

 

  20 February 2017
 
Australia-Italy Defence Industry MoU signed on Sydney Harbour
 
  22 February 2017
 
Celebrate the construction industry's best work
 

 

 

 

Long time no see

The lengthy process followed in the dismissal of a Railway Station Master, after 37 years of employment, holds lessons for employers in their negotiations for an employee’s return to work following a long absence with illness. After two incidents of misconduct, the Station Master was demoted for a period a 12 months and placed on a performance improvement plan. Not willing to accept the terms of his demotion, he commenced a long period of sick leave, ultimately extending beyond nine months. The employer attempted numerous negotiations for a return to work during that time, even extending to a “watering down” of the disciplinary measures and the granting of a personal meeting with the CEO. In the end, an ultimatum was delivered for a response to a final offer from the employer – but the employee sought an extension of time to consult with his solicitor and his union. However, once the deadline passed, employment was terminated. The Fair Work Commission acknowledged the long-term efforts and frustration of the employer and deemed the dismissal fair – but its actions were deemed unreasonable in their ultimate haste. A proper response to the final offer should have been sought from the Station Master, with his process of consultation allowed to complete. Compensation of six weeks salary, at the level of his demoted position, was awarded.

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