Australian Concert & Entertainment Security Pty Ltd T/A ACES Group v David Mapledoram

The applicant, Australian Concert & Entertainment Security Pty Ltd trading as ACES Group, sought an appeal against the decision of Deputy President Bull, made on 13 August 2020, in relation to matter number AG2019/2673. The decision concerned the respondent, David Mapledoram, who was an employee of the applicant. The nature of the dispute was centred around the termination of Mapledoram's employment, specifically regarding the procedural fairness afforded to him during the process. The appeal was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the applicant had breached the respondent's procedural rights under the Fair Work Act 2009 when they terminated his employment. This involved examining the fairness of the process followed by the applicant in terminating the respondent’s employment and determining whether the respondent had been given a fair opportunity to respond to the allegations against him. The Commission also considered whether the termination was justified and whether the applicant acted reasonably in all the circumstances.

In delivering the decision, the Commission assessed the evidence presented by both parties and considered the procedural fairness of the termination process. The Commission found that there were procedural shortcomings in the way the applicant handled the termination, particularly in not providing the respondent with adequate notice and an opportunity to respond to the allegations. The Commission concluded that the applicant had indeed breached the respondent's procedural rights, leading to an unfair termination. Consequently, the appeal was dismissed, and the original decision was upheld.

The Fair Work Commission upheld the decision of Deputy President Bull, affirming that the applicant had breached procedural fairness in terminating the respondent's employment. The Commission’s final orders included that the termination was unjust and that the applicant must compensate the respondent for the breach of procedural fairness. The decision was final and binding, with no further appeal possible.