Worker Classified As Daily Hire, Unfairly Dismissed

By CCH

A worker was found to have been unfairly dismissed after he had his employment status changed from full-time to daily hire when his employer experienced a shortage of work.

. The conditions of his employment with Ramsey Meat Packaging Services were regulated by an AWA.

Crucially the AIRC looked at how he was rehired after being dismissed. They said that the slaughterman was initially terminated the AWA was no longer in effect. Accordingly, when he was rehired it was under the terms of the award and not the AWA. The employer therefore needed to either gain the agreement of the slaughterman or give him seven days notice to transfer him to daily hire status. The AIRC said that the notice given was insufficient for two reasons. Firstly the employee was illiterate and not able to understand the changes in his working conditions, so he did not agree to the change of circumstance, despite the increased loading. Secondly, not having reached agreement, the transfer from full time to daily hire was not a valid reason that could require seven days notice in the award.

Ramsey Food Services Pty Ltd re Bernard Heinz v Ramsey Food Services Pty Ltd AIRC (PR942332) 24/12/03

(CCH Industrial Law News. issue 1 29 January 2004)