Pub wins case against tardy worker

06 February, 2012 by

By James Atkinson

A pub duty manager has failed to convince a tribunal that he was unfairly sacked after repeatedly failing to show up at work on time, if he showed up at all.

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In March last year, Maroubra Junction Hotel demoted the full-time duty manager to become a casual employee of the pub's bottle shop because he was repeatedly seeking changes to the roster, as well as failing to attend or arriving late for work.

He started unfair dismissal proceedings against the pub, claiming he had effectively been sacked when he was removed from the on-premise management roster.

But Fair Work Australia accepted that the pub had demoted the employee for the purposes of performance management.

"The transfer was to a position in which the [duty manager] had previously worked and it did not involve a reduction in pay," said Commissioner Greg Harrison.

"I find that the [duty manager] was not dismissed and that there was no termination at the initiative of the employer," he said.

The employee's application against the company was dismissed.

Maroubra Junction Hotel was represented by the Australian Hotels Association (NSW).