‘Job title’ vs. ‘nature of work’: What determines Fair Work protection from dismissal?

After a case management conference on November 17, 2023, directions were issued for material filing, leading to an in-person hearing on December 13, 2023. Prior to the hearing, comprehensive documentation was compiled, facilitating a structured review of submissions and evidence presented by both parties.

Job title vs. nature of work

According to records, Toonen’s role as an after-sales and support manager entailed multifaceted responsibilities, including project coordination post-sale, continuous improvement of support systems, documentation development, and team management.

His duties spanned from overseeing technical aspects to managing client relationships, highlighting the breadth of his role within Veem’s operational framework.

While Veem argued that Toonen’s role leaned towards managerial functions, he contended that his day-to-day activities were technically oriented, involving extensive hands-on work with gyrostabilisers. This led to a discussion regarding the interpretation of award coverage based on the nature of duties performed, rather than job titles alone.

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