PR957459 PR957459 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.170CE application for relief re termination of employment Kieran Lehane and Unilever Australasia (U2004/6724) COMMISSIONER TOLLEY MELBOURNE, 19 APRIL 2005 Termination of employment DECISION [1] This decision is about an application for relief re unlawful termination made pursuant to s.170CE of the Workplace Relations Act 1996 (the Act), by Mr K Lehane, (the applicant), against Unilever Australasia, (the respondent). [2] The applicant was 58 years of age at the date of his termination on 5 October 2004 from employment, and had been continuously employed by the respondent since April 1983, a period of 21 years. [3] The applicant was dismissed because of his alleged continual refusal to react positively to warnings about his breach of site rules and procedures from at least 14 April 2003 to 9 August 2004. Twenty warnings in total, which culminated in a final written warning for his failure to follow site rules and procedures and obey the proper directions of a supervisor. [4] The applicant was afforded counselling about these continual breaches, and was warned in the presence of his Union site representative who reinforced the applicant's duty to abide by rules and procedures and follow proper directions of his supervisor. [5] The final action by the applicant on 17 September 2004 in continually refusing to carry out a task as part of his normal duties caused the respondent to reach the conclusion that the applicant's history of warnings and the gravity of the refusal to perform would be terminated summarily. [6] The applicant had by this time been in receipt of verbal warnings, (which were recorded), a first written warning and a final written warning, (all within a twelve month period). [7] The final written warning had been issued six weeks prior to the summary dismissal. [8] The Commission having carefully considered the witness evidence of the parties and the submissions, (both written and verbal), put before it, as well as considering the various decisions of the High Court of Australia, The Federal Court of Australia and the Commission tendered by both sides, has reached the decision that the applicant, Kieran Lehane, was "afforded a fair go all round" by the respondent, and was not dismissed as a result of any harsh, unjust or unreasonable action by Unilever Australasia. [9] Accordingly, the application made pursuant to s.170CE for relief re unlawful termination of employment is dismissed. BY THE COMMISSION: COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A>