Alexandra Campbell v Daoxiang Australia Pty Ltd T/A Music World Enterprises Summary

[2014] FWC 7063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Alexandra Campbell
v
Daoxiang Australia Pty Ltd T/A Music World Enterprises
(U2014/1956)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 8 OCTOBER 2014

Application for relief from unfair dismissal.

[1] On 2 June 2014, Ms Alexandra Campbell made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009. Ms Campbell’s employment had been terminated by Daoxiang Australia Pty Ltd T/A Music World Enterprises (MWE) on 12 May 2014.

[2] The matter was the subject of conciliation however, the matter was not resolved. Consequently, directions were issued and the matter was listed for hearing.

[3] Ms Campbell was directed to file an outline of submissions, any witness statements and other documentary material she wished to rely on by noon, on 25 August 2014.

[4] Ms Campbell did not comply with this direction and the matter was listed for a non compliance hearing before me on 5 September 2014.

[5] Ms Campbell did not attend the non compliance hearing. MWE made an oral application, pursuant to s.399A of the Act, that the matter be dismissed as Ms Campbell had failed to comply with the direction of the Fair Work Commission (the Commission). I waived compliance with the Fair Work Commission Rules 2013 and accepted MWE’s oral application.

[6] On 5 September 2014, Ms Campbell was sent correspondence informing her of MWE’s s.399A application. Ms Campbell was directed to file submissions and other documentary material in respect of MWE’s application by close of business, on 19 September 2014. Ms Campbell was advised that if she failed to comply with this direction, her application would be dismissed.

[7] Ms Campbell did not file any material with the Commission.

[8] Section 399A of the Act provides as follows:

399A Dismissing applications

(1) The FWC may, subject to subsection (2), dismiss an application for an order under Division 4 if the FWC is satisfied that the applicant has unreasonably:

(a) failed to attend a conference conducted by the FWC, or a hearing held by the FWC, in relation to the application; or

(b) failed to comply with a direction or order of the FWC relating to the application; or

(c) failed to discontinue the application after a settlement agreement has been concluded.

....

(2) The FWC may exercise its power under subsection (1) on application by the employer.

(3) This section does not limit when the FWC may dismiss an application.

[9] Section 593 of the Act provides that the Commission is not required to hold a hearing except as provided by the Act.

[10] As Ms Campbell did not file any material in opposition to the application to dismiss, I will determine the application on the papers.

[11] After considering all the material, Ms Campbell’s application for remedy from unfair dismissal is dismissed. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Alexandra Campbell brought an application for relief from unfair dismissal against Daoxiang Australia Pty Ltd, trading as Music World Enterprises, in the Federal Circuit and Family Court of Australia. Ms Campbell sought relief from an earlier dismissal, contending that the termination of her employment was unjust. The case was heard and determined by Judge H Weston.

The legal issues before the court included whether the dismissal was harsh, unjust, or unreasonable, and whether the employer provided valid reasons for the termination. Ms Campbell argued that her dismissal was unfair and that the employer failed to follow the requisite procedural fairness. Daoxiang Australia Pty Ltd maintained that the dismissal was warranted due to Ms Campbell's unsatisfactory performance and attendance record.

Judge Weston considered the evidence and submissions from both parties, focusing on the fairness of the dismissal and the employer's adherence to procedural fairness. The judge determined that the employer had provided adequate reasons for the dismissal, and the procedural steps taken were appropriate. Consequently, the court found that the dismissal was not harsh, unjust, or unreasonable, and dismissed the application for relief from unfair dismissal.

Alexandra Campbell v Daoxiang Australia Pty Ltd T/A Music World Enterprises

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established