Employment Case notes: Dismissal Cases: Reasons for dismissal

The case of Moore v Slondia Nominees Pty Ltd [2012] FMCA 273 (4 April 2012) and the case of Chrysovergi v Hellenic Museum [2012] FMCA 248 (4 April 2012) both dealt with dismissal and the reason given for a dismissal.

    In Moore the general protections relating to dismissal and the onus of proof were considered. At issue was whether the reason advanced by respondent were the real reason for dismissal. In this respect Fair Work Act 2009 (Cth), ss 340, 341, 360, 361, 369, 371, 539, 545 and 546, Workplace Relations Act 1996 (Cth), ss 298V  809 and the Conciliation and Arbitration Act 1904 (Cth), s 5 were discussed.   In Chrysovergi the alleged dismissal for prohibited reason arose from the applicant asserting dismissal because she had lodged a WorkCover claim. While the respondent countered asserting dismissal for poor performance and misconduct. The case turned wholly on its facts and the application was dismissed.

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