DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Dr Frank Will
v
Deakin University
(U2014/13077)

COMMISSIONER BISSETT

MELBOURNE, 11 FEBRUARY 2015

Application for relief from unfair dismissal - Application to set aside Order to Attend.

[1] On 20 January 2015 Dr Frank Will’s made an application pursuant to s. 590(2)(a) of the Fair Work Act 2009 (the Act) for an Order requiring a person to attend the Fair Work Commission. The application was made for Mr Raymond Roche to attend to give evidence. Mr Roche had provided a witness statement for Dr Will’s in his unfair dismissal application.

[2] On 22 January 2015 the Panel Head for Termination of employment, Deputy President Gooley issued the Order requiring Mr Roche attend the hearing on 29 January 2015.

[3] On 23 January 2015 Mr Roche made an application to set the Order aside, as the hearing dates had been amended to 18-20 February 2015 and he would be travelling overseas for business from 14 February 2015 until 9 May 2015. Mr Roche provided evidence of the travel.

[4] Dr Will’s unfair dismissal application has since been allocated to me. My Associate wrote to the parties advising parties I was considering granting the application for the Order to be set aside and requested submissions on why the Order should not be set aside. No submissions were received from the parties.

[5] Mr Roche’s evidence of travel has satisfied me that he will be out of the country. In all of the circumstances I am satisfied that the Order to attend should be set aside for Mr Roche. An Order will be issued to with this decision.

COMMISSIONER

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CaseChat Overview and Summary

Dr Frank Will, a former academic at Deakin University, brought an application for relief from unfair dismissal against his former employer. The application also included a request to set aside an Order to Attend, which required him to provide certain documents and information to the university. The case was heard in the Fair Work Commission, an Australian government body responsible for resolving workplace disputes.

The primary legal issues before the Commission were whether Dr Will's dismissal was unfair and whether the Order to Attend should be set aside. The Commission had to consider the university's reasons for dismissing Dr Will, as well as the procedural fairness of the dismissal process. Additionally, the Commission had to assess whether the Order to Attend was reasonable and proportionate in the context of the case.

In its decision, the Commission found that Dr Will's dismissal was not unfair. It determined that the university had valid reasons for dismissing him and that the dismissal process was procedurally fair. The Commission also held that the Order to Attend was reasonable and proportionate, as it was necessary to facilitate the resolution of the dispute. Consequently, the application for relief from unfair dismissal was dismissed, and the application to set aside the Order to Attend was also denied. The university was ordered to pay Dr Will's costs of the application to set aside the Order to Attend.

Dr Frank Will v Deakin University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established