Son's $10k family business payout for being late to dinner
In a sensational way to be sacked, a Melbourne man lost his job after he was late to a family dinner.
Pasquale Parente has been working at his dad's Selective Smash Repairs business when on Sunday, March 10, he was late for dinner at his parents' house.
His parents got angry and the family argued before Pasquale was told to leave and never come back, either to his parents' house or to the business.
He was dismissed from his employment immediately.
His father has been ordered by the Fair Work Commission to pay him $10,000 after he was unfairly dismissed.
Commissioner Sarah McKinnon ruled the dismissal occurred without warning.
"There is no evidence that the business or any of its officers held any relevant belief that the conduct of Pasquale was so serious that immediate dismissal would be justified," she said.
"If it was other than a summary dismissal, there is no evidence of any warnings being given to Pasquale before he was dismissed. Pasquale's evidence is that there were none."
She outlined how Pasquale's relationship with his parents had been under strain for about a month.
"But there is insufficient context before me to explain why arriving late for dinner would have been a valid reason for dismissal," she said.
"I am not satisfied that it was."
Commissioner McKinnon said there is no evidence that Pasquale's performance was unsatisfactory.
Pasquale had helped his father manage the business.
"I am left in the dark as to any additional contextual matters that should or could have been taken into account when considering if the dismissal was unfair," Commissioner McKinnon said.
"It is, to my mind, extremely sad that what was once a loving family has allowed relationships to deteriorate to the extent that they have. However, Pasquale has the right to bring his claim and I must deal with it accordingly."
She ruled the dismissal was unjust and unfair.
She said reinstatement would not be appropriate because Pasquale had another job and there was a "genuine loss of trust and confidence between the parties which is likely to be a difficult hurdle to overcome given the deeply personal relationships involved".
Commissioner McKinnon said had Pasquale not been dismissed, he would have continued in employment for at least another six months when he would have earned $31,200.
She took into account Pasquale could have found a job sooner than he did and reduced his compensation by 20 per cent.
Based on income received and being paid two weeks' wages in lieu of notice, she ordered Pasquale be paid $10,115.
"I am not satisfied that Pasquale's conduct in arriving late to dinner on 10 March 2019 can fairly be characterised as work-related conduct," she concluded.
"The compensation amount that I have determined is less than the compensation cap of 26 weeks' pay. It is not an amount that is clearly excessive or clearly inadequate."