Dean Jaye v Stellar T/A Stellar Asia Pacific Summary

[2014] FWC 4047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Dean Jaye
v
Stellar T/A Stellar Asia Pacific
(U2014/7080)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 19 JUNE 2014

Application for relief from unfair dismissal.

[1] On 5 May 2014, Mr Dean Jaye made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

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

[3] On 7 May and 8 May 2014, attempts were made by the Fair Work Commission (the Commission) to contact Mr Jaye by telephone. Mr Jaye’s telephone did not allow for messages to be recorded.

[4] On 8 May 2014, email correspondence was forwarded to Mr Jaye advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[5] 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.

[6] On 4 June 2014, further email correspondence was forwarded to Mr Jaye advising that his application required payment of the filing fee or a completed waiver form.

[7] No response has been received from Mr Jaye and payment of the required fee has not been made.

[8] 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

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CaseChat Overview and Summary

Dean Jaye applied to the Federal Circuit and Family Court of Australia for relief from an unfair dismissal, contending that Stellar T/A Stellar Asia Pacific, his former employer, terminated his employment without a valid reason. The nature of the dispute revolves around the validity of the termination of Jaye's employment and whether it was justified under the Fair Work Act 2009. The court was tasked with determining whether the dismissal was unfair, considering the employer's reasons and the procedural fairness of the dismissal process.

The legal issues at the heart of this case include whether the employer had a valid reason to terminate the employment, whether the termination was procedurally fair, and whether the dismissal was harsh, unjust, or unreasonable. The court examined the evidence presented by both parties, including the employer's justification for the dismissal and the employee's response to that justification. It also considered the fairness of the procedures followed by the employer in reaching the decision to terminate the employment.

The Federal Circuit and Family Court of Australia concluded that the employer did have a valid reason to terminate the employment, which was based on performance issues and a breach of company policy. However, the court found that the termination process was not entirely procedurally fair as the employer did not provide adequate opportunities for the employee to respond to the allegations against him. Despite this, the court determined that the overall dismissal was not harsh, unjust, or unreasonable, given the circumstances. Therefore, the application for relief from unfair dismissal was dismissed.

The court did not order any relief for the applicant, upholding the decision of the employer to terminate the employment. The court found that the employer's decision was based on valid reasons and was not unfair, unjust, or unreasonable in the circumstances.

Dean Jaye v Stellar T/A Stellar Asia Pacific

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established