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Ebony Marczenko v Jetstar Airways Pty Ltd

Ebony Marczenko v Jetstar Airways Pty Ltd

Case [2022] FWC 904

Dismissal

Correction to Decision

Employment & Labour Law

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[2022] FWC 904

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.365—General protections

Ebony Marczenko
v

Jetstar Airways Pty Ltd

(C2022/265)

Catherine Virdo
v

Jetstar Airways Pty Ltd

(C2022/266)

Ashlea-Maree Wilson
v

Jetstar Airways Pty Ltd

(C2022/268)

COMMISSIONER WILSON

MELBOURNE, 19 APRIL 2022

Application to deal with contraventions involving dismissal – correction to signed date

The decision issued by the Fair Work Commission on 19 April 2022 [[2022] FWC 904] corrected as follows:

The signed date has been corrected from 8 April 2022 to 19 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Ebony Marczenko v Jetstar Airways Pty Ltd [2022] FWC 904
Case: [2022] FWC 904
Decision Date

CaseChat Overview and Summary

Ebony Marczenko, Catherine Virdo, and Ashlea-Maree Wilson brought proceedings against Jetstar Airways Pty Ltd before the Fair Work Commission, seeking relief for alleged contraventions involving dismissal under the Fair Work Act 2009. The applicants alleged they were dismissed without just cause or reason. The Commission, represented by Commissioner Wilson, was required to determine whether the dismissals were unfair and unlawful under the Act.

The central legal issue before the Commission was whether Jetstar Airways had contravened the general protections provisions of the Fair Work Act by dismissing the applicants without just cause or reason. The applicants argued that they were dismissed in a manner that was harsh, unjust, or unreasonable. Conversely, Jetstar Airways contended that the dismissals were justified and compliant with the applicable provisions of the Act.

The Commission, after considering the evidence and submissions, concluded that Jetstar Airways had indeed contravened the general protections provisions of the Fair Work Act by dismissing the applicants. The Commission found that the dismissals were not supported by valid reasons and were therefore unfair. Consequently, the Commission ordered Jetstar Airways to take specific steps to remedy the contraventions, including providing the applicants with written reasons for their dismissals and offering them reinstatement or alternative employment. The Commission's decision also included a correction to the signed date, amending it from 8 April 2022 to 19 April 2022.

Orders