Log in or become a subscriber

The Fair Work Commission has 'hinted' at a new approach to determining employment contract disputes, in an important ruling analysing whether a demotion was a dismissal, a lawyer says.

Last year, NSW Trains lost its jurisdictional objection to a demoted employee's unfair dismissal claim, after Deputy President Tony Saunders found the reduction in his classification level and remuneration was "significant", for the purposes of ss386(1)(a) and 386(2)(c) of the Fair Work Act.

This month, however, a five-member full bench majority upheld the employer's appeal, finding the Deputy President misconstrued the expression "employment... has been terminated".

It also found the employee's enterprise agreement authorised demotion as a disciplinary measure separate to dismissal, which meant he wasn't dismissed...