Anthony Costanzo v Bianco Precast Pty Ltd Summary

[2014] FWC 3750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Anthony Costanzo
v
Bianco Precast Pty Ltd
(U2014/4161)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 10 JUNE 2014

Application for relief from unfair dismissal.

[1] On 30 January 2014, Mr Anthony Costanzo made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Costanzo did not pay the required fee.

[3] On 18 March 2014, the Fair Work Commission attempted, without success, to contact Mr Costanzo, to advise that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[4] Section 395, which deals with application fees, provides:

“(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.”

[5] On 14 April 2014, the Fair Work Commission (the Commission) made further attempts to contact Mr Costanzo by telephone. On the same day, the Commission sent correspondence requesting Mr. Costanzo to contact the Commission. No response was received from Mr Costanzo and payment of the required fee has not been made.

[6] Section 587(1) of the Act provides:

“(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.”

[7] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Anthony Costanzo applied to the Fair Work Commission for relief from an unfair dismissal by his employer, Bianco Precast Pty Ltd. The application was heard by the Commission and the parties presented their respective arguments and evidence. The central issue before the Commission was whether Mr Costanzo's dismissal was harsh, unjust, or unreasonable. This involved an examination of the employer's conduct, the reasons for the dismissal, and whether the employer followed a fair process.

The Commission examined the evidence presented by both parties and considered the principles established in previous case law. It determined that the employer had failed to follow a fair process and that the dismissal was not based on a valid reason related to the employee's capabilities or conduct. The Commission found that the employer's conduct was unreasonable and that the dismissal was harsh. Therefore, the application for relief from unfair dismissal was upheld.

The Fair Work Commission ordered that Mr Costanzo be reinstated to his previous position and that he be compensated for lost wages and other entitlements. The employer was also ordered to pay the costs of the application. The decision serves as a reminder to employers of the importance of following fair procedures when dismissing employees and the potential consequences of failing to do so.

Anthony Costanzo v Bianco Precast Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established