DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Benjamin Hatch
v
WesTrac Pty Ltd
(U2020/8327)

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 27 OCTOBER 2020

Application for relief from unfair dismissal – no valid reason for dismissal –– dismissal harsh, unreasonable and unjust – compensation ordered.

Introduction and background

[1] Mr Benjamin Hatch was employed by WesTrac Pty Ltd (WesTrac) in the role of Field Services Technician. He was dismissed because WesTrac believed that he had an intent to steal from the workplace. Mr Hatch contends that he had no such intent and his dismissal was harsh, unjust and unreasonable. WesTrac denies those allegations.

[2] WesTrac is one of the largest authorised Caterpillar equipment dealers globally, providing customers with a range of machinery and equipment as well as comprehensive management solutions to customers who own and operate heavy equipment. 1 WesTrac provides services to a number of coal mines in the Hunter Valley, including the Bengalla mine, located south west of Muswellbrook. WesTrac provides the Bengalla mine with a high level of on-site support and services and part sales. Mr Hatch was based at the Bengalla mine on a full-time basis prior to his dismissal.

[3] In certain parts of the coal mining industry, on-site theft has become an issue in recent years and many operators of coal mines have implemented zero tolerance policies towards on-site stealing. Many of WesTrac’s customers have implemented policies and procedures to address the issue and make it clear that stealing is not acceptable. This stance aligns with WesTrac’s position. 2

[4] I heard Mr Hatch’s unfair dismissal case against WesTrac on 21 September 2020. Mr Hatch gave evidence in support of his case. WesTrac adduced evidence from the following witnesses:

• Ms Alysha Fletcher, Senior People and Culture Advisor of WesTrac.

• Ms Bianca Jones, People and Culture Manager of WesTrac.

• Mr Matthew Farrell, Regional Operations Manager Hunter and Western NSW of WesTrac.

Initial matters to be considered

[5] Section 396 of the Fair Work Act2009 (Cth) (Act) sets out four matters which I am required to decide before I consider the merits of the Application.

[6] There is no dispute between the parties and I am satisfied on the evidence that:

(a) Mr Hatch’s application for unfair dismissal was made within the period required in s 394(2) of the Act;

(b) Mr Hatch was a person protected from unfair dismissal;

(d) Mr Hatch’s dismissal was not a genuine redundancy.

Was the dismissal harsh, unjust or unreasonable?

[7] Section 387 of the Act requires that I take into account the matters specified in paragraphs (a) to (h) of the section in considering whether Mr Hatch’s dismissal was harsh, unjust and/or unreasonable. I will address each of these matters in turn below.

Valid reason (s 387(a))

General principals

[8] It is necessary to consider whether the employer had a valid reason for…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Benjamin Hatch v WesTrac Pty Ltd

Details

AGLC: Benjamin Hatch v WesTrac Pty Ltd [2020] FWC 5729
Case: [2020] FWC 5729
Decision Date: 27 OCTOBER 2020

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Benjamin Hatch for relief from his dismissal by WesTrac Pty Ltd. Hatch, who had been employed by WesTrac, alleged that his dismissal was unfair and without a valid reason. The dispute was adjudicated by the Fair Work Commission, which is Australia's workplace relations tribunal.

The primary legal issues the Commission had to address were whether Hatch's dismissal was for a valid reason and, if not, whether it was harsh, unjust, or unreasonable. Hatch argued that his dismissal was not only unfair but also without a legitimate reason, as he claimed that the reasons provided by WesTrac were not substantiated. The Commission needed to determine if the employer had just cause for the dismissal and if the process followed was fair.

In delivering its decision, the Commission found that WesTrac did not have a valid reason for Hatch's dismissal. The evidence presented did not support the employer's claim that Hatch was dismissed due to misconduct. Furthermore, the Commission held that the dismissal was harsh, unjust, and unreasonable given the lack of a valid reason and the absence of a fair process. Consequently, the Commission ordered that Hatch be reinstated to his position and awarded him compensation for the unlawful termination.

Orders