一名Kembla港务工人因使用个人假期哀悼亲属死亡而被不当解雇,因此被复职并获奖33 798美元。 A Port Kembla worker was reinstated and awarded $33,798 after being wrongfully fired for using personal leave to mourn a relative’s death.

戴维·詹金斯(David Jenkins)是Kembla港的史蒂夫多尔(Port Kembla Stevedore), 在其继父的妹妹去世后因请私人假被解雇, 赢得了对Qube Ports的不公平解雇诉讼。 David Jenkins, a Port Kembla stevedore, won an unfair dismissal case against Qube Ports after being fired for taking personal leave following the death of his stepfather’s sister. 他通知雇主说,他在澳大利亚日需要请假,在支持年长继父的一天度过,后来与朋友共进晚餐,一名管理人员看见他,拒绝握手。 He notified his employer he needed time off on Australia Day, spent the day supporting his elderly stepfather, and later attended dinner with friends, where he was seen by a manager who refused to shake his hand. Jenkins次日提供了法定声明和死亡通知,但Qube Ports解雇了他,称他滥用休假权。 Jenkins provided a statutory declaration and death notice the next day, but Qube Ports dismissed him, claiming misuse of leave. 公平工作委员会副主席托马斯·罗伯茨(Thomas Roberts)裁定解雇是严厉、不公正和不合理的, The Fair Work Commission’s Deputy President Thomas Roberts ruled the dismissal was harsh, unjust, and unreasonable, finding no evidence Jenkins planned the dinner or misrepresented his leave. 他命令Jenkins复职,并支付33 798美元回薪。 He ordered Jenkins’ reinstatement and $33,798 in back pay.