A worker who was sacked by his father from a family business because he was late to dinner has won his unfair dismissal claim and $10,000 compensation.
The Fair Work Commission found that there was “no evidence” the son’s performance at work was unsatisfactory.
Pasquale Parente worked as an assistant manager at Selective Smash Repairs for two years.
The business was run by his father Edigio.
On Sunday evening of the 10th of March 2019, Pasquale was late for dinner at his parents’ house.
His parents became angry and there was an argument.
Pasquale was told to leave and never come back, either to his parents’ house or to the family business.
He was dismissed from his employment immediately.
No evidence of unsatisfactory performance
Commissioner Sarah McKinnon found that there was “no evidence” Pasquale’s performance at work was unsatisfactory.
She found he had been dismissed unfairly and ordered the father’s business to pay him $10,115.
“His relationship with his parents had been under strain for approximately one 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 Pasquale’s conduct in arriving late to dinner on 10 March 2019 can fairly be characterised as work-related conduct.”
Ms McKinnon said Pasquale should be awarded compensation, rather than reinstated to his job, because there had been “a genuine loss of trust and confidence between the parties”.
He has since found another job.
“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,” Ms McKinnon said.
If you have been unfairly dismissed from employment, you may be entitled to compensation or reinstatement.
But you only have 21 days to make a claim, so don’t delay!
Please call our specialist team at Industrial Relations Claims today on
1300 045 466