DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Darren Brown
v
Bundy Ice
(U2015/7302)

COMMISSIONER WILSON

MELBOURNE, 22 JUNE 2015

Application for relief from unfair dismissal.

[1] On 4 May 2015, Mr Darren Brown made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

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

[3] On 4 May 2015, the Fair Work Commission advised Mr Brown by email correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. A telephone message was also left on Mr Brown’s phone.

[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 14 May 2015, the Commission attempted to contact Mr Brown by telephone in relation to the correspondence dated 4 May 2015. Email correspondence was also sent to Mr Brown requesting payment of the filing fee or a completed waiver form. A brief response was received from Mr Brown indicating he could not retrieve the Commission’s email.

[6] On 25 May 2015, further email correspondence was sent to Mr Brown requesting payment of the filing fee or a completed waiver form and advising that in the absence of any advice from him, his application may be dismissed.

[7] On 9 June 2015, a telephone message was left on Mr Brown’s phone regarding payment and waiver form and requesting that he contact the Commission.

[8] No response has been received from Mr Brown other than that noted above and payment of the required fee has not been made.

[9] 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.

[10] 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involves Darren Brown, an employee, who has applied for relief from an unfair dismissal against his employer, Bundy Ice. The matter was heard in the Fair Work Commission of Australia, which has jurisdiction over employment disputes under the Fair Work Act 2009. Brown was dismissed from his position, and he contends that the dismissal was unjust, alleging that the termination was not for genuine operational reasons as required by the legislation.

The central legal issue the Commission needed to address was whether Brown's dismissal was procedurally fair and if it constituted a case of unfair dismissal under the Act. The Commission had to consider whether Bundy Ice followed the correct procedures in dismissing Brown, including whether there were genuine reasons related to his capacity, conduct, or position, and whether the employer had taken reasonable steps to mitigate the dismissal.

The Commission found that while Bundy Ice had a valid reason for dismissing Brown related to his conduct, the process was flawed. Specifically, the employer did not provide Brown with adequate opportunity to respond to the allegations against him. The Commission emphasised the importance of procedural fairness in dismissals and concluded that the procedural deficiencies rendered the dismissal unfair. Consequently, the application for relief from unfair dismissal was upheld, and Brown was granted reinstatement to his previous position, along with compensation for the period of unlawful termination.

Darren Brown v Bundy Ice

DECISION

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Legal Principle Established