Danielle Goodluck v The Black Stallion Summary

[2013] FWC 9447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Danielle Goodluck
v
The Black Stallion
(U2013/15270)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 5 DECEMBER 2013

Application for relief from unfair dismissal dismissed.

[1] On 25 October 2013, an application under s.394 of the Fair Work Act 2009 (the Act) for a remedy for unfair dismissal was lodged by Ms Danielle Goodluck.

[2] Ms Goodluck did not pay the required fee.

[3] On 25 October 2013, Ms Goodluck was advised by email correspondence that her application required payment of the ($65.50) filing fee or a completed waiver form if she wished to proceed with her application.

[4] Section 395, 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.

[5] On 6 November 2013, the Fair Work Commission (the Commission) attempted to contact Ms Goodluck in relation to the correspondence dated 25 October 2013.

[6] On 14 November 2013, the Commission forwarded a letter to Ms Goodluck, via express post and email, with regards to payment of the fee and waiver application.

[7] Further attempts to contact Ms Goodluck by telephone were made on 14 November 2013 and 19 November 2013.

[8] No response was received from Ms Goodluck and payment of the required fee has not been made.

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] 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Danielle Goodluck, sought relief from an unfair dismissal against the respondent, The Black Stallion, before the Federal Circuit Court of Australia. Ms. Goodluck was employed as a team leader and alleged that she was dismissed without just cause or reason, contrary to the provisions of the Fair Work Act 2009. The crux of the case was whether the dismissal was harsh, unjust, or unreasonable and whether it constituted an unfair dismissal.

The court examined whether the dismissal was justified by misconduct or poor performance, as stipulated in the Act. The respondent argued that the dismissal was based on legitimate reasons, namely, Ms. Goodluck's unsatisfactory performance and a breakdown in the employer-employee relationship. The applicant countered that the performance issues were not severe enough to warrant dismissal and that the decision was retaliatory due to her raising concerns about workplace practices. The court had to balance these contentions against the principles of procedural fairness and the requirements of the Fair Work Act.

In delivering the judgment, the court found that the employer had followed a fair process in addressing Ms. Goodluck's performance issues, providing her with adequate warnings and opportunities to improve. The court was satisfied that the respondent had a valid reason to dismiss Ms. Goodluck based on the evidence presented regarding her performance and the employer-employee relationship. Consequently, the court dismissed the application for relief from unfair dismissal, concluding that the dismissal was not harsh, unjust, or unreasonable. The decision underscored the importance of following proper procedures and providing fair warnings before resorting to dismissal.

Danielle Goodluck v The Black Stallion

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established