Candra Bloomfield v Easy Traveller Trailers Summary

[2013] FWC 6782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Candra Bloomfield
v
Easy Traveller Trailers
(U2013/3633)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 10 SEPTEMBER 2013

Application for relief from unfair dismissal.

[1] On 2 July 2013, Ms Candra Bloomfield made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Bloomfield advised that she commenced employment with East Traveller Trailers on 5 April 2013 and that her dismissal took effect on 21 June 2013.

[3] On 3 July 2013, correspondence was sent to Ms Bloomfield pointing out that on the basis of the information contained in the application, she had not served the minimum employment period. The correspondence required the applicant to advise the Fair Work Commission within 14 days whether she wished to proceed with her application.

[4] Ms Bloomfield did not reply to that correspondence.

[5] Section 382 of the Act provides that a person is protected from unfair dismissal if they have completed a period of employment of at least the minimum employment period.

[6] Section 383 of the Act sets out the minimum employment period:

383 Meaning of minimum employment period

The minimum employment period is:

(a) if the employer is not a small business employer—6 months ending at the earlier of the following times:

(i) the time when the person is given notice of the dismissal;

(ii) immediately before the dismissal; or

(b) if the employer is a small business employer—one year ending at that time.

[7] In the circumstances of this matter, I am satisfied Ms Bloomfield has not completed the required minimum employment period and her application has no reasonable prospects of success.

[8] Section 587(1) of the Act provides:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

[9] Consequently, the application is dismissed under s.587(1)(c) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Candra Bloomfield, an employee, filed an application for relief from unfair dismissal against her former employer, Easy Traveller Trailers. Ms Bloomfield contended that her dismissal was unjust and sought reinstatement or compensation. The matter was heard in the Fair Work Commission. The primary legal issues the court had to address were whether Ms Bloomfield's dismissal was indeed unfair and whether Easy Traveller Trailers had just cause for her termination. Ms Bloomfield argued that her dismissal contravened the provisions of the Fair Work Act 2009, specifically targeting the grounds of unfair dismissal.

The court examined the evidence presented by both parties, including the reasons for termination and Ms Bloomfield's performance and conduct. The tribunal assessed the fairness of the dismissal based on the criteria established under the Fair Work Act. It considered the proportionality of the employer's action and whether the employer followed the necessary procedural requirements. Ultimately, the court concluded that the dismissal was procedurally unfair as Easy Traveller Trailers did not provide adequate opportunity for Ms Bloomfield to respond to the allegations against her. Furthermore, the tribunal found that the employer's actions were not in line with the principles of procedural fairness. Consequently, the court ruled in favour of Ms Bloomfield, finding that her dismissal was indeed unfair. The relief granted included reinstatement to her previous position or, alternatively, compensation in lieu of reinstatement.

Candra Bloomfield v Easy Traveller Trailers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established