In this case, Mr. A. Heward, a pastry cook/baker, was employed by Woolworths Limited from December 31, 1997, until August 9, 1999, when his employment was terminated. The key issue in this case was whether Mr. Heward abandoned his employment or if it was terminated by the employer.
Mr. Heward claimed that his employment was terminated by Woolworths, while Woolworths argued that he abandoned his employment. The case involved a dispute over the validity of medical certificates, which were a key factor in Mr. Heward’s absence from work due to a back injury.
Here are the key findings and points from the document:
- Mr. Heward suffered a back strain injury in February 1999, leading to periods of absence from work.
- Workers’ compensation was denied in April 1999, and Mr. Heward was advised not to return to work until he was fully fit.
- Medical certificates were issued to cover his absence, but there were delays in providing them to the employer.
- Woolworths sent warning letters to Mr. Heward, indicating that failure to provide medical certificates could lead to abandonment of employment.
- Mr. Heward obtained alternative employment as a baker with Coles in November 1999.
- The termination letter from Woolworths, dated August 9, 1999, was the basis of the dispute, and it was claimed that Mr. Heward did not receive a prior warning letter dated August 2, 1999.
The deputy president of the Australian Industrial Relations Commission (AIRC) found that Mr. Heward did not abandon his employment and that his absence was justified due to his medical condition. Therefore, Woolworths’ termination of Mr. Heward’s employment was deemed harsh, unjust, and unreasonable.
As a remedy, the deputy president ruled that reinstatement was not appropriate. Instead, Woolworths was ordered to pay Mr. Heward compensation equivalent to eight weeks’ pay, taking into account factors such as the length of service, efforts to mitigate the loss, and uncertainties related to the case.
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For Unfair Dismissal Representation: www.justrelations.com.au