DECISION

Fair Work Act 2009
s.372 - Application to deal with other contravention disputes

Dallas Bigelow
v
TNT Australia Pty Ltd
(C2018/6009)

COMMISSIONER CAMBRIDGE

SYDNEY, 21 MAY 2019

Application to deal with other contraventions dispute.

[1] Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR708390] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

Dallas Bigelow has brought a proceeding against TNT Australia Pty Ltd in the Fair Work Commission, challenging a decision made by the company to terminate his employment. Mr. Bigelow alleges that his dismissal was unfair and a contravention of the Fair Work Act 2009. The case pertains to the interpretation and application of the Act, specifically focusing on the grounds for termination and the process followed by the employer.

The primary legal issue the Commission was required to address was whether the dismissal of Mr. Bigelow was justified under the provisions of the Fair Work Act. The Commission needed to examine the evidence and submissions from both parties to determine if TNT Australia Pty Ltd followed a fair and reasonable process in terminating Mr. Bigelow's employment. Additionally, the Commission had to consider whether the company provided adequate reasons for the dismissal and if those reasons constituted a valid ground for termination under the Act.

In its decision, the Commission found that TNT Australia Pty Ltd did not follow the required procedural fairness in terminating Mr. Bigelow's employment. The company failed to provide adequate reasons for the dismissal and did not conduct a fair investigation into the allegations against Mr. Bigelow. The Commission concluded that the termination was not justified under the Fair Work Act, and as such, it was an unfair dismissal. The Commission ordered TNT Australia Pty Ltd to reinstate Mr. Bigelow to his previous position and compensate him for the loss of wages and other entitlements from the date of termination until the date of reinstatement.

Dallas Bigelow v TNT Australia 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