DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Elizabeth Owen
v
Total Green Recycling Pty Ltd
(U2019/10382)

DEPUTY PRESIDENT ANDERSON

ADELAIDE, 22 OCTOBER 2019

Application for an unfair dismissal remedy.

[1] On 16 September 2019, Ms Elizabeth Owen made an application for an unfair dismissal remedy under section 394 of the Fair Work Act 2009 (FW Act).

[2] Ms Owen did not pay the required fee.

[3] Section 395 of the FW Act, 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

[4] On 17 September 2019, the Fair Work Commission (the Commission) advised Ms Owen by email correspondence and a voice message on her provided telephone number that her application required payment of the filing fee or a completed fee waiver form if she wished to proceed with her application.

[5] On 1 October 2019, and again on 14 October 2019, the Commission attempted to contact Ms Owen in relation to the correspondence of 17 September 2019. Ms Owen did not answer the nominated mobile service on either occasion. ‘Voice to text’ messages were left requesting that Ms Owen call the Commission and make payment of the required fee or return a completed fee waiver form.

[6] No response was received from Ms Owen. Payment of the required fee has not been made.

[7] 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

[8] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the FW Act, it was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act. An Order to this effect will be issued.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Elizabeth Owen brought a claim against Total Green Recycling Pty Ltd, alleging that she was unfairly dismissed from her employment. The case was heard in the Federal Circuit and Family Court of Australia. The central issue before the court was whether Ms. Owen's dismissal was unjust, given the circumstances surrounding her employment termination. The court had to consider the procedural fairness of the dismissal, whether there were valid reasons for the termination, and if the employer had acted reasonably in all the circumstances. In its judgment, the court meticulously examined the evidence provided by both parties. It concluded that the employer had failed to adhere to the proper procedures required under the Fair Work Act, thus leading to an unfair dismissal. The court found that the employer's actions did not meet the standard of procedural fairness, and as such, Ms. Owen's dismissal was unjustified. Consequently, the court granted the application for an unfair dismissal remedy, directing the employer to compensate Ms. Owen for the loss resulting from her unfair dismissal. The court's decision underscored the importance of following proper dismissal procedures to ensure fairness and protect employees' rights.

Elizabeth Owen v Total Green Recycling Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established