NUW member's termination overturned
A win for Cong Nguyen at IGA – proves that honest human mistakes are not grounds for termination
NUW member, Cong Nguyen
Cong Nguyen has worked at IGA Metcash for 23 years, but on 23 September 2010 he was instantly dismissed when his forklift collided with another forklift in the perishables warehouse. Mr Nguyen had an unblemished employment history with the company. There were no injuries as a result of the accident. There was no damage to property or stock. Mr Nguyen, a migrant to this country, had difficulties in understanding the process that surrounded his termination.
After nearly nine months, and four days worth of hearings, Fair Work Australia on Friday determined that Cong should be reinstated to his former position at IGA and should also be paid nearly $12,000 in compensation. This figure is in addition to the $11,000 that IGA paid Mr Nguyen in termination and ex-gratia payments.
The decision highlights that everyone – even good, long-term employees such as Cong – sometimes make mistakes. It highlights the importance of proper procedural fairness when termination is being considered. Mr Nguyen, a long-time NUW member, thanked the NUW for their continued support especially over the last nine months.
