The former employee of a Melbourne enterprise software reseller has had his application for relief from unfair dismissal dismissed by Fair Work Commissioner Julius Roe, after it was determined the employee made his application too late.
The case concerned Richard Preiss, an employee of Microsoft gold partner Evolution Business Systems, who left the company in September last year by choosing a separation package of two weeks’ pay in lieu of notice over an offer of reduced hours and a reduced commission rate made by Evolution managing director Paul Woods.
According to the commissioner's report, Roe described the circumstances surrounding the dismissal as “bizarre”.
Woods argued that Preiss’ termination was a result of performance concerns, according to the commissioner’s report, while Preiss argued Evolution caused a dispute by altering commission arrangements, and that he was dismissed because he refused to accept the changed commission.
The parties had disagreed about the actual termination date, but the commissioner sided with the employer.
"Mr Preiss had been in strong disagreement and negotiations with his employer since 31 August 2016 about the underlying commission issue and the threat to terminate his employment had been around since 8 September 2016.
"He was aware that his employment was actually coming to an end when he accepted the termination on 26 September 2016. Therefore, his ability to make the unfair dismissal application was not affected by his confusion about the actual date of termination. There is no evidence that Mr Preiss delayed his application because of the confusion about the actual date of termination.”
Roe declared Preiss’ application three days late and dismissed the case.
Evolution Business Systems did not wish to comment further.
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