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Irregular News for 10.20.21
Australia -- A SACKED insurance broker who repeatedly came to work drunk - and even urinated in a wastepaper bin - has been awarded $10,000 compensation after claiming discrimination against his attention deficit disorder. Workplace experts warn the Federal Magistrates Court's decision in favour of Jirra Collings Ware could open the floodgates for countless employees to claim ADD or depression in termination cases when the Federal Government removes unfair dismissal provisions.
Mr Ware worked in various roles for OAMPS Insurance Brokers. He admitted in court he had frequently returned late from long lunches - particularly on Fridays - when he consumed alcohol and had been warned not to come back to work inebriated. He also admitted he had alcohol problems and was a binge drinker. Mr Ware even negotiated a deal with his boss whereby he would not return to work on Fridays after lunch and would make up the time on weekends.
Mr Ware's branch manager at the time, Donald William Crocker, told the court that on one occasion in October 2002, he stayed at a pub all afternoon before returning to the office drunk and urinating in a wastepaper bin. Mr Crocker said he warned Mr Ware several times that his drinking was "unacceptable" and gave more reprimands in the lead up to January 2003, when there were yet more "late lunch" problems. There were also a series of unexplained absences that year.
Mr Crocker said the company was aware of Mr Ware's personal problems, including a marriage breakdown, and gave him time of for fortnightly psychiatric visits as well as lighter duties. But after still more unexplained absences, Mr Ware was demoted on September 13, 2003 and then dismissed on September 24, when he again failed to turn up for work.
Federal Magistrate Rolf Driver ruled Mr Ware had been discriminated against because of his "disability".
"The real reason for the demotion was that Mr Crocker had exhausted his capacity to accommodate Mr Ware's condition," he said.
Mr Driver awarded $10,000 compensation plus termination payments and other costs. Workplace lawyer Sue Barnes said the decision set a worrying precedent and the removal of unfair dismissal laws would create similar claims.
"The scrapping of the unfair dismissal laws for businesses with less than 100 employees will lead employees to seek compensation via other avenues and using anti-discrimination laws will be an attractive alternative," she said.
"The Ware case sends an alarming message to employers, given Mr Ware's disability of depression is very common amongst Australians and the company tried a number of approaches to manage Mr Ware's performance, as well as providing him with significant support."
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Australia -- A SACKED insurance broker who repeatedly came to work drunk - and even urinated in a wastepaper bin - has been awarded $10,000 compensation after claiming discrimination against his attention deficit disorder. Workplace experts warn the Federal Magistrates Court's decision in favour of Jirra Collings Ware could open the floodgates for countless employees to claim ADD or depression in termination cases when the Federal Government removes unfair dismissal provisions.
Mr Ware worked in various roles for OAMPS Insurance Brokers. He admitted in court he had frequently returned late from long lunches - particularly on Fridays - when he consumed alcohol and had been warned not to come back to work inebriated. He also admitted he had alcohol problems and was a binge drinker. Mr Ware even negotiated a deal with his boss whereby he would not return to work on Fridays after lunch and would make up the time on weekends.
Mr Ware's branch manager at the time, Donald William Crocker, told the court that on one occasion in October 2002, he stayed at a pub all afternoon before returning to the office drunk and urinating in a wastepaper bin. Mr Crocker said he warned Mr Ware several times that his drinking was "unacceptable" and gave more reprimands in the lead up to January 2003, when there were yet more "late lunch" problems. There were also a series of unexplained absences that year.
Mr Crocker said the company was aware of Mr Ware's personal problems, including a marriage breakdown, and gave him time of for fortnightly psychiatric visits as well as lighter duties. But after still more unexplained absences, Mr Ware was demoted on September 13, 2003 and then dismissed on September 24, when he again failed to turn up for work.
Federal Magistrate Rolf Driver ruled Mr Ware had been discriminated against because of his "disability".
"The real reason for the demotion was that Mr Crocker had exhausted his capacity to accommodate Mr Ware's condition," he said.
Mr Driver awarded $10,000 compensation plus termination payments and other costs. Workplace lawyer Sue Barnes said the decision set a worrying precedent and the removal of unfair dismissal laws would create similar claims.
"The scrapping of the unfair dismissal laws for businesses with less than 100 employees will lead employees to seek compensation via other avenues and using anti-discrimination laws will be an attractive alternative," she said.
"The Ware case sends an alarming message to employers, given Mr Ware's disability of depression is very common amongst Australians and the company tried a number of approaches to manage Mr Ware's performance, as well as providing him with significant support."
Full Story
