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Fair Dismissal Case Of Adam Blyth And JBS Australia

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Introduction In this report, an unfair dismissal case between Adam Blyth and JBS Australia will be presented. According to the Fair Work Act 2009 s.385, a person has been unfairly dismissed if the Fair Work Commission is satisfied that the person has been dismissed and the dismissal was harsh, unjust or unreasonable, the dismissal was not consistent with the Small Business Fair Dismissal Code and the dismissal was not case of any genuine redundancy. The relevant legislation for an unfair dismissal case are The Fair work Act 2009 s.379 – 405. The Fair Work Commission decides on unfair dismissal cases. Stakeholders Adam Blyth was employed as a bandsaw operator, trainer and assessor at JBS Australia’s meat processing plant at Brooklyn Victoria, …show more content…

Mr Blyth may possibly be feeling livid or down because of the fact that he will not have a Job any longer, it also will not reflect on him good for the case and warnings, and he would need to find a new job. JBS Australia will feel decent about the outcome of the case, it will send a message across that they don’t put up with people that don’t follow company policies. They will need to try and fill his position but with a vast company like JBS there’s probably employees already ready to fill his position. Will not be a big loss for JBS. The workplace won’t be affected that much by the loss of one of their employees. The society that Mr Blyth’s work was in wouldn’t be that affected either, People may pay more attention to what happens in their own workplace to make sure no incidents are happening. Conclusion In an unfair dismissal case there is 4 main factors the Fair Work Commission look for. Mr Blyth had nearly all of these matters cleared and the unfair dismiss was not classified as harsh. Mr Blyth worked at JBS Australia. An employee asked Mr Blyth for help and Mr Blyth assisted but used machinery incorrectly. Mr Blyth also had a bunch of warnings from the company plus this incident, Therefore, Mr Blyth claimed it was an unfair dismissal. He followed all matters in order to get Fair Work. The outcome of the case should be that it wasn’t unfair due to the breach of safety, and the several warnings given to

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