Bowden v Ottrey Homes Cobram and District Retirement Villages

The dispute involved Bowden, the appellant, and Ottrey Homes Cobram and District Retirement Villages, the respondent. Bowden had been employed by the respondent and had applied for an unfair dismissal remedy after his employment was terminated. The decisions of Commissioner Cribb, made in 2012 in matters U2011/1147, were appealed by Bowden. The Fair Work Appeal Tribunal was tasked with determining the appeal against these decisions. Bowden's appeal contested the decisions of Commissioner Cribb, which had dismissed his application for an unfair dismissal remedy and the associated compensation.

The legal issues that the Tribunal was required to decide included whether the decisions of Commissioner Cribb were correct, and if not, what the appropriate remedy and compensation should be. The Tribunal had to assess the merits of Bowden's claim of unfair dismissal, examine the fairness of the termination of his employment, and determine if the decisions made by Commissioner Cribb were in accordance with the relevant laws and principles. The Tribunal also had to consider whether the compensation awarded, or not awarded, was appropriate.

The Tribunal found that the decisions of Commissioner Cribb were incorrect. The Tribunal determined that Bowden's dismissal was indeed unfair, and that the compensation awarded was inadequate. The Tribunal quashed the decisions of Commissioner Cribb and substituted its own determination, finding in favour of Bowden. The Tribunal awarded Bowden compensation for the unfair dismissal, which included both the loss of salary and non-monetary losses. The Full Bench concluded that the correct approach was to grant Bowden the relief he sought, thereby setting aside the prior decisions and ordering appropriate compensation.