Recently, the Federal Court was highly critical of an employer who participated in an unfair dismissal of one of its employees. The employer sacked the long-term employee in order to prevent the man from taking sick leave. The employee had been diagnosed with cancer, and the business owner knew this.
In fact, the employer actually owed the employee nearly 500 hours of sick leave, and the employer was aware of this when his employee told him that he had cancer.
Employer’s Response
However, in response to the employee’s request to take sick leave, the employer placed pressure on the man to resign. This continuing pressure lasted for nearly a month, but the employee refused to resign.
During the employer’s campaign to coerce his employee to resign, the employer threatened to physically throw the man off the premises.
The Disbelief
Since he had no success in getting his employee to resign, he instead told the man that he did not believe he actually had cancer, and then sacked him, resulting in an unfair dismissal.
No Sick Pay
After sacking the employee, the employer refused to pay sick leave, wages in lieu of notice or annual leave entitlements. The man had worked for this employer for over nine years, and the wages, sick leave and entitlements have been valued at about $16,000.
Legal Action for Unfair Dismissal
Legal action was taken by the Fair Work Ombudsman in the case of this unfair dismissal. Justice John Gilmour penalised the business and its operators a total of $41,500. The employer’s behaviour was also severely criticised. Additionally, Perth businessman Pasquale Minniti has been fined $6500 and his private company (AJR Nominees Pty Ltd) has also been penalised an additional $35,000.
Mr Minniti and his company (Hi-Lite Automotive) have until May 25 to pay these fines.
The Fair Work Ombudsman Natalie James has stated that the business owner’s conduct in this matter was simply appalling. Additionally, the Court then signalled a warning to other businesses indicating that any similar behaviours, resulting in unfair dismissal, will simply not be tolerated.
Fired and given the sack due to sick leave?
If you have been fired or sacked due to sick leave and / or your employer has failed to pay you your sick leave entitlements, you may have a claim to put forward to the Fair Work Commission. Our team of Workplace Advisors will help make things right! Winning is in our DNA and we will fight your fight! Get started by contacting us for an obligation free and confidential consultation to discuss the circumstances around your sick leave and dismissal. We support employees with unfair dismissal Victoria and Australia wide.
