The demotion of an employee may not in all circumstances meet
the meaning of dismissed in section 385 of the Fair Work Act
2009 (Cth) (the Act). Consideration must be given to the
continuation of employment, the whether the demotion imposed a
significant reduction in status and payment.
The recent case of Phillip Moyle v MSS Security Pty Ltd
[2015] FWC 8330 sheds light on the indicative criterion when
determining if a demotion results in a dismissal.
Background
Mr. Phillip Moyle (the Applicant) was employed
with MSS Pty Ltd (MSS) in 2013, and was classified
as a Level 5 Security Officer under the Security Industry Award
2010 (the Award).
Following two and a half years of service the Applicant was
informed by his employer that he would be transferred either Royal
Adelaide Hospital or James Nash House to complete his duties. The
Applicant was given seven days to decide on his preferred
location.
