Business attacks ruling

THE Launceston Chamber of Commerce has hit out at “deep-seated” issues in the Fair Work Commission after a recent ruling in which a Tassal factory worker was compensated $8200 for unfair treatment.

Avril Chapman, who worked in a Tassal factory, was sacked this year after leaving a 4.56pm voicemail for her employer on April 25 that she would not be coming into work the next day as she had “overindulged” on alcohol.

When Ms Chapman returned to work on April 27, she was given a letter stating she was being stood down without pay.

In his decision, Fair Work Commission deputy president David Barclay said there was validity to the dismissal, but Ms Chapman’s termination was “harsh”.

“Here the applicant ‘took a sicky’ in circumstances where she had voluntarily embarked upon a course of conduct that resulted in incapacity for work,” he wrote.

“The situation is perhaps made worse by the applicant’s acknowledgment that she could have gone to bed early and been fit for work the next day.”

Because reinstatement was deemed inappropriate, Tassal was ordered to pay Ms Chapman $8229.

Launceston Chamber of Commerce executive officer Neil Grose said the Fair Work Commission’s decision to uphold Tassal’s decision to dismiss Ms Chapman was valid but disagreed with the compensation.

“[To] then award that employee over $8000 because it felt it was ‘harsh’ demonstrates deep-seated issues in the Fair Work Commission,” Mr Grose said.

“The employee in question actually notified the employer of their sick leave claim when the clear intention was to continue with a night of drinking.

“The chamber is concerned that decisions such as this will impact on employers considering hiring new staff or creating new positions.”