Employer argues salesperson was dismissed due to ongoing sales issues
A salesperson challenged his dismissal, arguing the employer was not a small business when counting associated entities, the position was not genuinely redundant, and the employer failed to provide evidence or attend the hearing despite orders.
The worker contended the employer's director controlled multiple entities despite a sister being listed as a director, no operational changes justified redundancy, and serious misconduct allegations raised later lacked credibility.
The employer maintained the worker's position was made redundant due to ongoing sales issues, the worker's overseas location meant unable to service clients in the showroom, and sales had drastically dropped.
The employer operated under the business name Aussie Batteries and Solar. The worker first commenced employment with an entity owned by the employer's director in May 2017. From this time, he was employed by various entities owned and operated by the director.
In September 2023, while living in Italy, the worker negotiated to work remotely and then returned to Australia in November 2023 to work from the employer's showroom. On 25 January 2024, he signed a new employment agreement with a salary of $90,000 per annum.
On 30 July 2024, the worker noted that the employer had issues with its cash flow and offered to reduce his ordinary hours and remuneration to 78.9% pro-rata to assist the employer. In...
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