Condor Energy Services facing unfair dismissal application in the Fair Work Commission

CONDOR Energy Services is facing an unfair dismissal application in the Fair Work Commission over its handling of the redundancy of a young man who had worked with the company since he was 16.

In the application filed with the commission last week, solicitors for yard worker Drazic Furner said the company had terminated Mr Furner’s employment, “but has now changed tack and suggested he is possibly being made redundant”.

“The employer’s attempt is in our client’s view incompetent,” the application said.

Advocate Randall Hart, who is assisting Mr Furner, said the 18-year-old was officially made redundant yesterday, five days after the application was filed.

According to the application, Mr Furner was called into a meeting on October 2, where he was asked for the discussion to remain confidential.

The application said an employee told Mr Furner he heard he had performed good work, and there were no issues raised regarding Mr Furner’s performance in the meeting.

But the employee also said that due to the circumstances of the company, Mr Furner had to be let go because there was no more work for him.

“(The employee) said that he could either sign a deed or he could work another week and his employment be terminated,” the application said.

Mr Furner left Condor’s Toowoomba yard.

Drazic Furner has lodged an unfair dismissal application with the Fair Work Commission.

Another of Condor’s employees then telephoned Mr Furner and requested he come back to sign a deed and a resignation letter, the application said.

He returned to the yard, but after it was suggested he receive legal advice, he left without signing the document.

Mr Furner told The Chronicle he was shocked by the whole situation, which had “come out of the blue”.

Mr Hart said Mr Furner was put under “immense pressure to resign” by Condor, with the company “demanding his resignation at the end of a meeting where his performance was praised”.

“And when taken to task on their unlawful conduct, Condor is acting like the meeting and demand never occurred, despite confirmation by email,” Mr Hart said.

“They now suggest he’s been made redundant whilst at the same time bringing in new staff.

“It’s mismanagement at its highest point.”

The application also said that approximately four to five weeks ago, Mr Furner was told by Condor staff that he was to begin work in the “coil tubing section” of the business and
that there was an error with the rate of pay in his existing contract, “and this was going to be addressed (with provision of a new contract)”.

“From our review of the material provided to our client it is clear he is a permanent employee.”

Responding to a request for comment from The Chronicle, a Condor Energy Services representative said the company was undertaking reasonable operational adjustments in the course of business during “these difficult times”.

“We confirm that we are complying with all reasonable requirements for consultation under the Fair Work Act with all affected employees and are acting in full compliance with the law.”