Introduction by Deputy President Hamilton
On 14 September 2012 Deputy President Hamilton handed down a decision in which he found that the termination of Mr.Varvaris’s employment by Wilson Parking Australia on 4 May 2012 was harsh, unjust or unreasonable. Deputy President Hamilton further decided pursuant to ss.390-392 that reinstatement was not appropriate and that compensation was an appropriate remedy. He directed that the parties endeavour to settle the remedy by discussions, and that further submissions be filed on the issue of remedy if they were not able to settle the issue. In addition he decided that the remedy would be determined on the basis of those further submissions and submissions already filed. The parties were not able to settle the matter, and submissions were filed in accordance with directions.
Respondent’s Request to Persue a Claim
Mr Varvaris commenced employment with Wilson Parking on 18 August 2008, before he was dismissed on 4 May 2012 for issues of performance and excessive use of a company mobile phone. The respondent excalated a claim to the Fair Work Commission through concilliation.
However, the matter did not settle at conciliation, and Mr Varvaris elected to pursue the claim to an arbitration hearing. My Gary Pinchen from AWNA represented Mr Varvaris in this hearing on 6 September 2012.
Compensations Was Awarded
On 14 September 2012 Deputy President Hamilton handed down a decision stating that Mr Varvaris’ dismissal was harsh, unjust and unfair; he instructed the parties to attempt to settle the issue of compensation. The issue of compensation was not able to be settled by the parties. Therefore, Deputy President Hamilton handed down an order on 12 October 2012, ordering Wilson Parking to pay Mr Varvaris $17,307.69 as compensation for loss of income.
Source: Fair Work Case Varvaris v Wilson Parking
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