« By being valuable for not wanting to `insult` the [director] by proposing a redistribution to a lower-paid position, [Jenny Craig] denied herself and the [manager] the opportunity to take due account of the suitability in all circumstances of the redeployment of the [director] to a lower-paid position within the company of the company. » The Fair Work Act 2009 (Cth) (« the Act ») contains guidelines and provisions on the process of dismissing a worker and under what circumstances dismissal may be considered unfair. Under the law, an employer is exempted from a remedy against unjustified dismissals when the dismissal is by way of dismissal. However, redundancy should be considered genuine. Section 385 of the Fair Work Act 2009 provides that a person was wrongly dismissed if the dismissal was severe, unfair or inappropriate and was not a case of actual dismissal. With regard to actual dismissals, section 389 states that Mr. Ho has applied to be rehired. However, due to the loss of trust between him and management, this was not considered appropriate. A.P. Eagers was ordered to pay Mr Ho compensation mitigated by his proximity to retirement. He was awarded an annual salary for the role of accounting assistant, less what had already been paid to him as a request for dismissal. If you`d rather visit another company — a company that has potentially superior finances — don`t miss this free list of interesting companies that have a high return on equity and low debt. In several cases, the FWA has examined the concept of actual dismissal and reintegration, including the issue of redeployment to a younger or lower-paid role.
In August 2010, in Gim Pheng Ho v A.P. Eagers Limited (U2009/13208), the applicant was an accountant for a car dealership. . . .