the Applicant v Richemont Australia Pty Limited
What happened
the Applicant brought an application for relief from unfair dismissal. He was employed by Richemont Australia Pty Limited. The application concerned an incorrect recording of his working hours, which led to his dismissal. The Commission considered whether there was a valid reason for the dismissal, whether procedural fairness was afforded, and whether the dismissal was harsh.
What was decided
The Fair Work Commission dismissed the Applicant’s application for relief from unfair dismissal. the Commissioner found that Richemont Australia Pty Limited had a valid reason for the dismissal, afforded the Applicant procedural fairness, and that the dismissal was not harsh. The Commission referred to previous cases including *Bartlett, Mark v Ingleburn Bus Services Pty Ltd T/A Interline Bus Services* and *Reseigh, Glenn v Stegbar Pty Ltd T/A Jeld-wen Glass Australia* in reaching this decision.
What it means for employers
Employers should ensure accurate record-keeping of employee working hours. This helps avoid disputes arising from discrepancies. Providing procedural fairness, such as an opportunity to respond to allegations, is crucial even in situations where dismissal is considered.
What it means for employees
Employees should keep their own records of working hours to compare with those provided by their employer. If there are discrepancies, employees should raise these concerns with their employer before dismissal proceedings begin.
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