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Unfair DismissalAugust 10, 2015
“Get a grip on what you’re doing, take a positive step in the right direction of life”.
These are the words of Warren Gamble the CEO of iTac2 (I Total Absolute Control) a sports grip company who is battling an unfair dismissal case with a formerly employed bookkeeper named Reid. In a heated argument, Gamble told his employee to ‘f-ck off’. Reid took this as a dismissal and was frightened by his aggressive nature.
Gamble had not followed the Small Business Fair Dismissal Code when he fired Reid. He did not tell her why she had been dismissed and it was not a formal arrangement where both parties were under the same agreement of the termination. After the argument Reid made several attempts to contact the director and make arrangements which would ‘finalise things’. However Warren was attending to his sick child and could not meet with her. This is when she felt she had no other options other than to call The Fair Work Commission.
The woman claimed constructive dismissal as she felt that she had no choice but to resign because of the harsh and aggressive nature of her employer. Although like any argument there are two sides. Gamble claims that she displayed a belligerent and an uncooperative attitude, she was undertaking bookkeeping work for another employer and was using the company’s resources to make unauthorised overseas phone calls.
Gamble was ordered to pay eight weeks’ pay to Reid, a total of $4,800. Spitefully Gamble has a negative view on the Australian Fair Work Act. He states that “the workplace laws in this country are absolutely ridiculous.” “They are difficult to understand and it is really expensive for small businesses to deal with these situations. I know major companies who do not sack their staff because it is too difficult.”
“Who is in control here? Who is running my business – the government or my staff?”
The experience has left Gamble in a critical financial situation and legal fees have prevented him from buying a family home. He says that there is a need for a ‘level playing field’ between employers and employees. Ultimately Gamble says “the worst thing is I’ve had to become a horrible person to prevent bad things from happening to me”.
If you would like to get a grip on the Fair Work Act and avoid unfair dismissal claims such as Gamble vs Reid call Employsure today on 1300 651 415. We can help you level the playing field by ensuring you understand the Fair Work Act and your employment relations obligations. In the words of iTac2 “now everyone has the chance to get the competitive edge over their opponent whatever sport you play”.
*Information sourced via Workplace Info, Smart Company and iTac2 website.