Erik Wirtz v The Trustee for the Posadowski Family Trust T/A Ready Kit Cabinets Pty Ltd

[2014] FWC 7912

[2014] FWC 7912

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Erik Wirtz
v
The Trustee for the Posadowski Family Trust T/A Ready Kit Cabinets Pty Ltd
(U2014/5694)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 7 NOVEMBER 2014

Application for relief from unfair dismissal - remedy.

[1] On 27 October 2014 the Fair Work Commission (the Commission) handed down its Decision 1 in respect of Mr Wirtz’s application under s.394 of the Fair Work Act 2009 (the FW Act) alleging that the termination of his employment by the Trustee for the Posadowski Family Trust T/A Ready Kit Cabinets Pty Ltd (the Respondent) on 12 March 2014 was harsh, unjust or unreasonable.

[2] The decision found that Mr Wirtz’s termination was harsh, unjust and unreasonable and, in respect of remedy, proposed an amount of compensation of $5,076.94 less applicable tax. However, given the Respondent’s financial circumstances, the decision foreshadowed the Commission’s intention to convene a conference prior to settling an order for compensation to discuss whether the proposed compensation would affect the viability of the Respondent’s enterprise.

[3] The conference was held on 5 November 2014. In the light of that conference, an order will now be issued affirming the proposed amount of compensation set out above, i.e. an amount of $5,076.94 less applicable tax.

 1   [2014] FWC 7606

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