we had the privilege of supporting an employee in a significant dispute against Telstra, one of Australia’s largest organisations. The employee, who had been unfairly rated in their annual performance review, sought justice after their concerns were dismissed internally. The employer, represented by a team of legal experts and a law firm, argued that the Fair Work Commission (FWC) did not have jurisdiction to hear the case. We stepped in to ensure the employee’s voice was heard and their rights upheld.
The case revolved around the employee’s performance rating, which they believed did not reflect their contributions. The employer insisted that the FWC lacked the authority to intervene, citing internal policies and the terms of the enterprise agreement. However, we saw that the employee had a strong case and were determined to challenge the employer’s position.
We prepared a detailed submission that relied on logic, legal standing, and a fair interpretation of the Telstra Enterprise Agreement. Our argument focused on the fact that the dispute resolution clause in the agreement allowed the FWC to address matters “covered by” the agreement, including performance ratings. We highlighted that the agreement explicitly referenced performance ratings and remuneration reviews, making them subject to the FWC’s jurisdiction.
The submission was well-received by the FWC, which commended the clarity and strength of our arguments. Despite the employer’s legal team presenting their case, they were unable to provide a compelling argument to counter our position. The FWC ultimately ruled in the employee’s favour, confirming that the dispute was indeed within its jurisdiction, and then resulting in Telstra increasing the employee’s performance rating for the year.
This case was a testament to the power of thorough preparation, logical reasoning, and a commitment to fairness. It demonstrated that even against a Telstra, which is a corporate giant with significant resources, an employee’s rights can be upheld when supported by a strong and well-presented case.
We were proud to stand by the employee and achieve a positive outcome, ensuring that their concerns were addressed and their rights protected. This success story serves as a reminder that justice can prevail, even in the face of formidable opposition.
This Fairwork Commission case is in the public record and hence the employer is identified.