Employee wins unfair dismissal case

A fitness centre has been ordered to pay the childcare costs accrued by a former employee during her search for work after the staff member was found to have been unfairly dismissed in a decision that has been dubbed “perfectly legal but quite unusual.”

In a Fair Work Australia decision handed down last week by Deputy President Greg Smith, Grace Wong was awarded of $7901.36 after her dismissal by Nytro Pty Ltd, trading as Nitro Gym in Kilsyth, was deemed unfair. Part of the compensation included childcare costs for the time she was looking for work.

Wong worked on a permanent part-time basis at the gym for nine months, from October 2010 to July 2011.

She claimed for a loss of remuneration of more than $5500, lost super and further annual leave estimated at just under $1000, plus childcare costs incurred while looking for and taking up new employment. Wong also alleged that Nitro had underpaid her annual leave and tannual leave loading.

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