Log in or become a subscriber

It was unfair to sack an employee who refused to sign a new employment contract with higher sales targets and "unreasonable" restraint clauses, the Fair Work Commission has found in awarding him $42.5k in compensation.

The Excell Protective Group business development manager claimed his dismissal in April this year was unfair, however the employer objected to his application on the basis he hadn't been sacked but had resigned.

The Commission heard that in March, the employer's CEO announced managers would be transferred to another company called Zipd.

The capability and culture manager subsequently emailed a new employment agreement, job description and non-disclosure agreement, and stated that if the employee didn't agree to the documents, "then a decision must be made upon [his] role in the business"...