ARTICLE · 08 AUGUST 2011

Is not working a public holiday a valid reason to dismiss?

Moray & Agnew

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Financial penalties for employer regarding unfair dismissal of employee.

AustraliaEmployment and HR

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Steven Pietraszek ats Transpacific Industry Pty Limited t/as Transpacific Cleanaway [2011] FWA 3698

Financial penalties for employer regarding unfair dismissal of employee

The applicant worker (Pietraszek) made an application pursuant to Section 394 of the Fair Work Act 2009 ('the Act') asserting that his dismissal by the respondent (Transpacific Cleanaway) was unfair. The nature of the respondent's operations was to provide recycling and waste collection services for small and large businesses and local government authorities. These services were to be provided to the respondent's clients seven days per week, 365 days per year. This necessitated some work on weekends and public holidays.

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