As Target Australia ties up loose ends on an unfair dismissal case nearing completion, Pacific Brands is just six weeks away from commencing an unfair dismissal defence in court. In NSW, former Target store manager Isabel Nohra took the discount department store to Fair Work Australia over its response to her resignation.
At issue was Nohra’s decision to resign from Target in April 2010 after being asked to manage a store nearly two hours travel from her home. In a letter to Target in April 2010, Nohra explained she intended to resign effective December 3, 2010 and to use her accrued entitlements, including personal leave, prior to that date. With 24 years of service to Target, Nohra’s entitlements were described by Fair Work Australia senior deputy president Lea Drake as “considerable”.
Instead, Target made Nohra’s resignation effective May 2010 and paid her a month’s wages. They also paid annual leave and long service leave entitlements, but did not pay her for any personal leave accrued.
Drake ruled last month that Target’s actions were “unjust”.
“Seeking to give notice of an intention to resign on a future date, after accessing personal leave, is not a valid reason for termination of employment,” Drake said. “...There was no valid reason for the termination of her employment. It was particularly unjust because it deprived Nohra, an employee of very long standing, of the possibility of accessing her accrued leave entitlements.”
Fair Work is yet to rule on the compensation owed to Nohra.
In Melbourne, Pacific Brands is defending claims made by the former general manager of women’s underwear and intimates that she was bullied. Sally Berkeley alleges she was unfairly dismissed from Pacific Brands following her request for a pay rise and for standing up to bullying by underwear general manager, Ross Taylor.
Pacific Brands has responded by saying it is “disappointed” by Berkeley’s claims and will “vigorously” dispute them when the case reaches the federal court in Melbourne on July 22.
Underwear brands in the Pacific Brands stable include Bonds, Hestia and Berlei. Target is a part of larger retail group Wesfarmers. Both Pacific Brands and Wesfarmers are publicly listed.
BONDS: Part of the Pacific Brands.
