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T3537

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing in respect of an industrial dispute

National Union of Workers, Tasmanian Branch
(T3537 of 1991)

Meat Traders (Tas) Co-operative Society Ltd

 

PRESIDENT F. D. WESTWOOD

15 NOVEMBER 1991

Alleged Unfair Dismissal of Employee

REASONS FOR DECISION

In this matter the National Union of Workers (NUW) sought the assistance of the Commission in dealing with a dispute over the alleged unfair dismissal of a sales representative with Meat Traders (Tas) Co-operative Society Ltd.

The union informed the Commission that the employee, Mr. J. P. Hall, had had six years service with the Co-operative, the last three and a half years had been as Sales Representative in the Flour Division. The employee's services had been terminated on 22 October 1991 with one week's pay in lieu of notice, and an additional payment in respect of forty-five days accrued annual leave.

The employer contended that the employee's sales figures had dropped significantly during the year and that the employee should have recognised that failure to improve on those figures would have placed his job in jeopardy. He claimed that the sales representative's immediate superior, the Bakery Manager, had set the representative certain targets which had not been met. He claimed that training courses made available to the employee had not improved his sales performance. Although he regarded the dismissed employee as a good and honest worker, he believed he was not capable of developing greater sales figures.

The sales representative gave evidence relating to the manner in which the termination was effected and justified his fluctuating sales figures, which were starting to improve dramatically prior to his dismissal, by referring to the economic downturn affecting business generally, and to the "flour price war" which saw two major customers transfer their business to a supplier who was obtaining surplus flour as a result of a glut of flour on the New South Wales market. He denied he had been set targets which he had to achieve under pain of dismissal and he claimed he had in fact obtained a number of new customers in the frozen product lines.

The union submitted that the employer's actions were harsh and unfair and that the employee should be reinstated, effective from the date of dismissal, without loss of pay and entitlements.

A series of private conferences were held between the parties and between the Commission and the employer and employee representatives separately, at which the issues and possible alternatives were discussed.

Having regard to the information made available to the Commission I am satisfied that the employee was not given sufficient indication of the sales results expected of him by management.

The employee's unblemished past record and the sudden nature of the dismissal leads me to accept the union's claim that the employer's actions were harsh, unfair and unreasonable in the circumstances.

Accordingly, as the parties were informed at the close of proceedings, I consider that Mr. Hall should be reinstated to his former position from the date of termination of his services without loss of salary or other entitlements. An order to that effect is attached.

 

F. D. Westwood
PRESIDENT

Appearances:
Mr. D. Strickland for the National Union of Workers, Tasmanian Branch
Mr. K. Gourlay for Meat Traders (Tas) Co-operative Society Ltd

Date and place of hearing:
1991
Hobart
15 November

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

ORDER

In accordance with the requirements of Section 31 of the Act, and further to my decision in Matter T.3539 of 1991, I order that Meat Traders (Tas) Co-operative Society Ltd reinstate Mr. Jonathan Hall to his former position from the date of termination of his services without loss of salary or other entitlements.

Dated at Hobart this 15th day of November 1991.

 

F. D. Westwood
PRESIDENT