DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Charles Murrie
v
Evolution Concepts Pty Ltd
(U2017/4101)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 17 MAY 2017

Application for an unfair dismissal remedy.

[1] On 13 April 2017, Mr Charles Murrie made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth).

[2] Mr Murrie did not pay the required fee.

[3] On 18 April 2017, the Fair Work Commission attempted to telephone Mr Murrie, however this was unsuccessful and a voicemail was left. On the same day, correspondence was sent to Mr Murrie advising that payment of the lodgement fee or a completed waiver form was required if he wished to proceed with his application. Mr Murrie was advised in the absence of any advice from him within 14 days, his application may be dismissed.

[4] Further attempts to telephone Mr Murrie were made on 20 April, 28 April and 8 May 2017. On each occasion, a voicemail was left seeking a return call. An email was also sent to Mr Murrie on 28 April 2017, requesting a return call so payment details may be processed.

[5] To date, no response from Mr Murrie has been received.

[6] Section 395 of the Act, which deals with application fees, provides:

395 Application fees

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.

[7] 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.

[8] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Charles Murrie brought an application against Evolution Concepts Pty Ltd for unfair dismissal. Mr Murrie was employed as a project manager and alleged that his dismissal was unjust, claiming he was wrongfully terminated due to his involvement in a workplace investigation. Evolution Concepts, the respondent, argued that Mr Murrie was dismissed for reasons unrelated to the investigation and that he was afforded procedural fairness throughout the dismissal process.

The central legal issues before the Commission were whether Mr Murrie's dismissal was harsh, unjust, or unreasonable, and whether he was treated unfairly in the context of the investigation. The Commission had to assess the evidence presented on the nature of the dismissal and the circumstances surrounding it, including whether the employer followed appropriate procedures and whether the dismissal was a genuine response to a valid reason.

After reviewing the evidence and arguments, the Commission found that Mr Murrie's dismissal was indeed harsh, unjust, or unreasonable. The decision to terminate his employment was influenced by his involvement in the investigation, which the Commission considered to be an unfair factor. The employer's handling of the dismissal process was found to be deficient, particularly in terms of procedural fairness. Consequently, the Commission ruled in favour of Mr Murrie and ordered that his dismissal be quashed, with appropriate compensation and reinstatement to his former position.

Charles Murrie v Evolution Concepts Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established