Traineeship agreement loses character by employer's non-observance

Cases

Traineeship agreement loses character by employer's non-observance

To be effective, a traineeship agreement must be enforced and honoured by both the employer and employee. Training conditions and requirements must be carried out in accordance with the award, otherwise it will not be considered to be a traineeship by the AIRC. This point was made in an unfair dismissal case in which the employer argued that the matter was wrongly brought before the AIRC.

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To be effective, a traineeship agreement must be enforced and honoured by both the employer and employee. Training conditions and requirements must be carried out in accordance with the award, otherwise it will not be considered to be a traineeship by the AIRC. This point was made in an unfair dismissal case in which the employer argued that the matter was wrongly brought before the AIRC.
 
Facts
 
An employee claimed that his former employer unfairly dismissed him. The employer claimed that the Commission did not have jurisdiction to hear this matter because the employee had been a trainee.
 
Conclusions
 
The Commission said the employer who raised the jurisdictional objection had the onus to establish its case.
 
The Commission found that although there had been a traineeship agreement, proper training, supervision and monitoring did not occur as envisaged by the award.
 
Therefore the employer's jurisdictional claim was not made out and the Commission would be able to hear the unfair dismissal claim.
 
The claim was out of time and this matter would require further determination.
 
See: David Townsend Griffiths and Pogmo Operations Pty Ltd t/as Burger King Orange- AIRC (Raffaeilli C) 14 March 2003 - PR928834.
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