DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Brooke Felici
v
Ross Maddaluno Estate Agency Pty Ltd T/A Ross Maddaluno Real Estate
(U2015/913)

COMMISSIONER RYAN

MELBOURNE, 24 JULY 2015

Application for relief from unfair dismissal - dismissal was harsh, unjust and unreasonable – compensation.

[1] Pursuant to s.601 of the Fair Work Act 2009 (the Act) I reduce to writing the decision given orally in transcript on 17 July 2015 in relation to an application for relief from unfair dismissal of Ms Brooke Felici.

[2] I find that the dismissal of Ms Felici was harsh, unjust and unreasonable and that compensation is an appropriate remedy.

[3] The reasons for the decision are those as given in transcript.

[4] An order as to compensation will issue separately.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brooke Felici brought an application against Ross Maddaluno Estate Agency Pty Ltd, trading as Ross Maddaluno Real Estate, seeking relief from an unfair dismissal. The case was heard in the Fair Work Commission, which has jurisdiction over unfair dismissal claims under the Fair Work Act 2009. Ms Felici claimed that her dismissal was harsh, unjust, and unreasonable and sought compensation.

The central legal issues were whether the dismissal was procedurally unfair and substantively unfair. The procedural fairness concerned whether Ms Felici was given an opportunity to respond to the allegations against her and whether the decision-making process was transparent and unbiased. The substantive fairness focused on whether the employer's decision to terminate Ms Felici's employment was justified and proportionate to the alleged misconduct.

The Commission found that Ms Felici's dismissal was procedurally unfair as she was not provided with an adequate opportunity to respond to the allegations. The employer had pre-determined her guilt before conducting any investigation. Furthermore, the employer did not provide Ms Felici with a written notice detailing the reasons for dismissal, which is a requirement under the Act. Regarding substantive fairness, the Commission held that while the employer had a valid reason to terminate Ms Felici's employment, the decision was not proportionate to the alleged misconduct. The employer had a history of tolerating similar conduct from other employees without termination.

Consequently, the Commission ruled that the dismissal was unfair and ordered the employer to pay Ms Felici compensation equivalent to four weeks' remuneration. Additionally, the employer was directed to provide a written apology to Ms Felici for the procedural failings in the dismissal process.

Brooke Felici v Ross Maddaluno Estate Agency Pty Ltd T/A Ross Maddaluno Real Estate

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established