Document converted from TXT version, text and tables may not correctly align for screen display or printing.

G019CRN Dec 1250/91 S Print K0647

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1988 s.99 notification of industrial dispute

Federated Clerks Union of Australia

and

The Centralian Advocate (C No. 33236 of 1991)

GENERAL CLERKS (NORTHERN TERRITORY) CONSOLIDATED AWARD 1985(1) (ODN C No. 01286 of 1980)

Newspaper employee Northern Territory

COMMISSIONER LEAR SYDNEY, 18 NOVEMBER 1991

Termination of employment - unfair dismissal - underpayment of overtime - Commission considered employee treated unfairly - no counselling to encourage work performance - parties in conference agreed against reinstatement - private settlement resolved all claims.

DECISION

The Federated Clerks Union of Australia (the FCU) notified a dispute with The Centralian Advocate of Alice Springs following the dismissal of Mrs L. Page on 17 October 1991. The dispute also related to claims for alleged underpayment of overtime.

Mrs Page had been engaged by the Advertising Manager of the newspaper in response to an advertisement for a "Sales Consultant". She commenced on 29 July 1991 and her letter of engagement (issued on 9 September, some six weeks later) advised that:

"Initially you will be employed on a 3 month probationary period"; (and)

"Should your performance be perceived as less than satisfactory, feedback will be offered (verbal or written) to enable remedial action."

There was no evidence presented by the management of the newspaper that Mrs Page had ever been counselled, except for a hand-written "File Memo" written by the Advertising Manager, dated 19 September, which advised that she had been reprimanded about "her abrasiveness and her speed". The memo was quite positive about her attitude, although the Advertising Manager was not present at proceedings in Alice Springs on 14 November 1991 and could not be questioned.

Mrs Page clearly expressed the view (which was not challenged) that she was not aware of, nor reprimanded about her performance and was "stunned" when told by the Managing Editor on 17 October (within the three months probationary period) that she was being terminated instantly (and paid for one week in lieu of notice) because it was claimed that she was unsuitable for the position.

(1)Print G0198 [G019]

2 DECISION - GENERAL CLERKS (NORTHERN TERRITORY) CONSOLIDATED AWARD 1985

I consider that Mrs Page was treated unfairly and appeared never to have been given the type of counselling which might have encouraged her to improve her performance.

The parties in conference agreed that Mrs Page would not be reinstated and a settlement was arranged privately between them which resolved all claims made on Mrs Page's behalf.

Appearances:

L. Matarazzo for the Federated Clerks Union of Australia.

A. Robinson and B. Wyatt for the Centralian Advocate, a division of Nationwide News Pty Ltd.

Date and place of hearing:

1991. Alice Springs: November 14.

** end of text **

* * END OF TEXT * *