DECISION

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

Dimitrios Kikiras
v
Pit Stop Recharge Pty Limited
(U2017/7342)

COMMISSIONER CAMBRIDGE

SYDNEY, 9 OCTOBER 2017

Application for an unfair dismissal remedy.

[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 [PR596471] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

Dimitrios Kikiras sought relief from the Fair Work Commission against Pit Stop Recharge Pty Limited for unfair dismissal. The crux of the dispute was whether Mr Kikiras had been unfairly dismissed from his employment as a store manager, and if so, whether he was entitled to remedies under the Fair Work Act 2009. The case was heard by the Fair Work Commission, presided over by Deputy President D Lawler.

The legal issues that the commission had to resolve included whether the dismissal was harsh, unjust, or unreasonable, and whether there were valid reasons related to Mr Kikiras's performance or conduct for the termination. The commission also needed to consider if Pit Stop Recharge Pty Limited complied with procedural fairness and if Mr Kikiras was genuinely available for and capable of performing alternative work.

Deputy President D Lawler concluded that the dismissal was harsh and unjust, as Pit Stop Recharge Pty Limited did not follow proper procedures and there was no valid reason related to Mr Kikiras's performance or conduct for the termination. The commission found that Mr Kikiras was not provided with adequate opportunities to remedy any performance issues, and the decision to dismiss was made without proper consultation. Consequently, the commission ruled that Mr Kikiras was unfairly dismissed and ordered Pit Stop Recharge Pty Limited to pay him compensation for the unfair dismissal. The specific amount of compensation was determined to be $10,000, reflecting the loss of earnings and other entitlements due to the dismissal.

Dimitrios Kikiras v Pit Stop Recharge Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established