Worker argued he was given no valid reason for dismissal and not provided an opportunity for consultation or redeployment
The Fair Work Commission (FWC) examined whether a machine operator's dismissal was harsh, unjust or unreasonable after the employer raised jurisdictional objections, including that the applicant had not met the minimum employment period and was not dismissed as his termination was a case of genuine redundancy.
The applicant worked as a machine operator on the tie gang servicing rail lines, maintenance and construction needs across the state.
He was an experienced operator who had been working on the tie gang since around 2013 and was dismissed after being advised that his employment would end the following day.
The work involved travelling around the state replacing railway sleepers and associated track maintenance for six to eight months from around March each year.
The rail authority allocated work on a preferred tender basis, with work orders generally confirmed in early January or February.
The applicant had performed work as a casual employee for several preferred tenders, generally working on a seasonal basis, commencing employment when work commenced and ending employment when work ended for the season.
The applicant first undertook work for the employer in late two thousand and seventeen, working ten days as a casual.
He worked on the same basis for two weeks in two thousand and nineteen,...
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