Emma Marshall v CKC Accountants Pty Limited t/a CKC Accountants

Emma Marshall, the applicant, lodged an appeal against a decision of the Fair Work Commission. The decision, handed down by Deputy President Sams at Sydney on 5 March 2018 in matter number C2017/1705, dismissed her unfair dismissal claim against her former employer, CKC Accountants Pty Limited trading as CKC Accountants. The applicant contended that she was unfairly dismissed by her employer in circumstances involving an absence of genuine redundancy. The employer argued that the applicant's position was made redundant and that the dismissal was procedurally fair and not harsh, unjust or unreasonable.

The central legal issues the court had to resolve were whether the applicant's dismissal was genuine redundancy and, if not, whether it was harsh, unjust or unreasonable. The court had to examine the evidence and determine whether the employer had followed proper procedures and whether the dismissal was justified given the circumstances. The court was also required to consider the employer's arguments about the redundancy of the applicant's position and whether the employer had acted in accordance with the applicable laws and principles.

In considering the appeal, the court found that the employer had not established that the applicant's position was genuinely redundant. The employer's evidence was not sufficient to convince the court that the redundancy was genuine. The court also found that the applicant's dismissal was harsh, unjust or unreasonable due to the employer's failure to follow proper consultation procedures. The court held that the employer did not act in accordance with the principles of procedural fairness and that the dismissal was not justified. Consequently, the appeal was dismissed.

The court's final order was to affirm the decision of the Fair Work Commission. The applicant's unfair dismissal claim was not upheld, and the original decision dismissing the claim was upheld. The employer was not required to take any further action in response to the appeal.