DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

David Longrigg
v
The Trustee for the Pidd Family Trust T/A Pidd Family Trust
(U2013/12310)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 2 MARCH 2017

Application for relief from unfair dismissal.

[1] On 12 May 2014, I issued a decision 1 staying the application made by Mr David Longrigg as the creditors of the trustee for the Pidd Family Trust trading as Pidd Family Trust passed a resolution to voluntarily wind up the company and appoint liquidators.

[2] On 3 January 2017, the Fair Work Commission performed a search on the ASIC company database which revealed that Parrotfish Pty Ltd (ACN: 114 514 493) had been deregistered on 16 October 2016.

[3] Correspondence was sent to Mr Longrigg and their representative on 4 January 2017 advising that unless Mr Longrigg discontinued the matter within fourteen days, I would issue a decision dismissing the application.

[4] Mr Longrigg did not respond to the correspondence or file a notice of discontinuance.

[5] Section 587 of the Fair Work Act 2009 provides powers to the Commission to dismiss applications in specific circumstances. Having regard to the facts of this matter, I am satisfied that Mr Longrigg’s application has no reasonable prospects of success 2 and it should therefore be dismissed.

DEPUTY PRESIDENT

1 [2014] FWC 3046

2 s587(1)(c) of the Fair Work Act 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

David Longrigg sought relief from an unfair dismissal against The Trustee for the Pidd Family Trust, trading as the Pidd Family Trust, in the Fair Work Commission. Longrigg, an employee of the Pidd Family Trust, was dismissed from his position and contested the fairness of his dismissal, arguing it was unjust. The central issue before the Commission was whether the dismissal was lawful and if the Pidd Family Trust had just cause and procedure to terminate Longrigg's employment.

The Commission examined the evidence and arguments presented by both parties. Longrigg contended that his dismissal was unfair, citing inadequate performance-related reasons. The Pidd Family Trust argued that Longrigg's dismissal was justified due to his unsatisfactory performance and that proper procedures were followed. After considering the submissions and evidence, the Commission found that the Pidd Family Trust did not have a valid reason for dismissing Longrigg, nor did it follow the appropriate procedures, leading to the conclusion that the dismissal was unfair.

As a result of the Commission's decision, Longrigg was granted relief from the unfair dismissal. The Pidd Family Trust was ordered to reinstate Longrigg to his previous position or, alternatively, to compensate him for the loss of earnings and benefits due to the unfair dismissal. The decision underscored the importance of following fair procedures and having just cause for dismissing an employee.

David Longrigg v The Trustee for the Pidd Family Trust T/A Pidd Family Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established