Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr Noel Cannan
v
Nyrstar Hobart Pty Ltd
(U2013/15506)

Mr Kevin Fuller
v
Nyrstar Hobart Pty Ltd
(U2013/15509)

Application for relief from unfair dismissal.

Further to my reasons in [2014] FWC 5072 and further to my reasons in [2014] FWC 7014 and pursuant to s.390 and s.391 of the Fair Work Act 2009, the Fair Work Commission orders that within 14 days:

[1] Pursuant to s.391(1), Nyrstar Hobart Pty Ltd is to reinstate each of the Applicants by reappointing each person to a position with terms and conditions no less favourable than those on which they were employed immediately before their dismissal.

[2] Pursuant to s.391(2), Nyrstar Hobart Pty Ltd is to maintain the continuity of the employment of each of the Applicants, and their period of continuous service, for all purposes other than in respect of the accrual of annual leave and long service leave in the period between termination and the date of these orders.

[3] Pursuant to s.391(3), Nyrstar Hobart Pty Ltd is to pay, for the pay lost, or likely to have been lost, by the Applicants because of the dismissal:

(i) To the Applicant, Mr Noel Anthony Cannan, the sum of $38,570.96; and

(ii) To the Applicant, Mr Kevin Milton Fuller, the sum of $32,678.00.

DEPUTY PRESIDENT

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