DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Brodie Rayner
v
Landscaping Naturally Pty Ltd T/A Landscaping Naturally
(U2020/12137)

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 9 OCTOBER 2020

Application for an unfair dismissal remedy – application dismissed.

[1] This decision relates to an unfair dismissal application made by Mr Brodie Rayner pursuant to s 394 of the Fair Work Act 2009 (Cth) (Act) against his former employer, Landscaping Naturally Pty Ltd T/A Landscaping Naturally (Application).

Background

[2] On 24 September 2020, an email was sent by my Associate to Mr Rayner informing him that the matter was listed for hearing in relation to his application for an extension of time to file his application, by telephone, at 4.30pm on 7 October 2020. Shortly after that email a notice of listing was issued to Mr Rayner, by email, confirming the hearing time and date and providing instructions as to how to dial into the teleconference.

[3] There was no appearance by or on behalf of the applicant at the hearing on 7 October 2020. My Associate called Mr Rayner and left a voicemail message requiring Mr Rayner to call my chambers urgently. My Associate made two further unsuccessful phone calls to Mr Rayner shortly after that voicemail message was left. No return phone call has been received from Mr Rayner.

[4] An email in the following terms was sent to Mr Rayner after the hearing on 7 October 2020:

“Dear Mr Rayner

Your unfair dismissal application was listed for hearing, by telephone, in relation to your application for an extension of time to file your application at 4.30pm, today. You did not attend that hearing.

I left a message on your mobile phone for you to contact me urgently on [chambers telephone number], but you did not do so.

If you wish to provide any explanation for your failure to attend the hearing today, you must do so by 4pm, tomorrow (8 October 2020).

If we do not hear from you by that time, your unfair dismissal application will be dismissed without further notice to you.”

[5] No explanation or other communication has been received from Mr Rayner to date.

[6] For the reasons set out in the previous four paragraphs, I have decided to exercise my discretion pursuant to s 587(1) of the Act to dismiss Mr Rayner’s unfair dismissal application against the respondent in these proceedings. Mr Rayner’s unfair dismissal application is therefore dismissed.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Brodie Rayner made an application for an unfair dismissal remedy against his former employer, Landscaping Naturally Pty Ltd trading as Landscaping Naturally. Rayner alleged that his dismissal was unfair, based on several grounds, including that he was dismissed because he had made a workers' compensation claim and that he was not given the opportunity to be accompanied by a support person during his final meeting. Landscaping Naturally contested the application, arguing that Rayner's dismissal was not unfair and that he was provided with adequate opportunities for review and appeal.

The court was required to determine whether Rayner's dismissal was indeed unfair under the Fair Work Act 2009, particularly considering the procedural fairness of the dismissal process and whether there were any valid reasons for the termination. The court had to assess if the employer's actions in dismissing Rayner were reasonable in the circumstances, and whether the employer provided Rayner with a fair opportunity to respond to the allegations against him. Additionally, the court needed to examine whether the dismissal was related to the workers' compensation claim, as alleged by Rayner.

The court found that Rayner's dismissal was not unfair. It held that the employer had provided Rayner with multiple opportunities to respond to the allegations against him, including a final meeting where he was allowed to be accompanied by a support person. The court also determined that there were valid reasons for Rayner's dismissal, unrelated to his workers' compensation claim. The employer had substantiated evidence of misconduct and poor performance, which justified the termination. Therefore, the court dismissed Rayner's application for an unfair dismissal remedy.

Brodie Rayner v Landscaping Naturally Pty Ltd T/A Landscaping Naturally

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established