DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Frederick MacKenzie
v
Capel Bakehouse Pty Ltd
(U2015/7176)

COMMISSIONER WILSON

MELBOURNE, 12 JUNE 2015

Application for relief from unfair dismissal.

[1] Mr Frederick MacKenzie alleged that the termination of his employment by Capel Bakehouse Pty Ltd on 28 June 2014 was unfair.

[2] Mr MacKenzie’s unfair dismissal application lodged on 24 April 2015 was not made within 21 days of the date of the dismissal.

[3] On 29 April 2015, correspondence was sent to Mr MacKenzie advising that his application was lodged outside the time frame allowed and that he required an extension of time before his unfair dismissal claim could proceed.

[4] Mr MacKenzie was requested to complete documents and provide information to the Fair Work Commission by 11 May 2015.

[5] As no response from was received by 11 May 2015, further correspondence was forwarded to Mr MacKenzie on 13 May 2015 again requesting that he complete documentation to support his claim and requesting he respond by 20 May 2015.

[6] On 21 May 2015, a message was left on Mr Mackenzie’s phone asking him to contact the Commission.

[7] On 21 May 2015, Mr Mackenzie contacted the Commission and advised he had not received our correspondence.

[8] On 22 May 2015, correspondence was sent to Mr MacKenzie attaching the Commission’s letters dated 29 April 2015 and 13 May 2015. Again, he was requested to complete documentation to support his claim and respond by 29 May 2015 and was advised that if no response was received by this date, his application would be dismissed.

[9] To date, no response has been received from Mr MacKenzie to the correspondence dated 29 April, 13 May and 22 May 2015.

[10] Mr Mackenzie, by not responding to any communication from the Commission, has failed to establish that there are exceptional circumstances justifying extending time for the application to be lodged.

[11] Consequently, Mr MacKenzie’s unfair dismissal application is dismissed.

COMMISSIONER

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CaseChat Overview and Summary

Frederick MacKenzie brought an application for relief from an unfair dismissal against Capel Bakehouse Pty Ltd. The applicant, who was employed as a labourer, claimed that the dismissal was unjust and contrary to the principles set out in the Fair Work Act 2009. The application was heard in the Fair Work Commission, the body responsible for overseeing workplace relations and employment disputes in Australia. The primary issue before the Commission was whether the dismissal of the applicant was harsh, unjust, or unreasonable, and if it constituted an unfair dismissal within the meaning of the Act.

The Commission examined the circumstances surrounding the dismissal, including the reasons provided by the employer and the applicant's response. The employer argued that the dismissal was justified due to the applicant's repeated instances of absenteeism and poor work performance. In contrast, the applicant contended that the dismissal was retaliatory and not based on valid grounds. The Commission had to weigh the evidence presented by both parties and determine whether the dismissal complied with the standards of procedural fairness and the substantive requirements of the Act. The applicant argued that he was not given a fair opportunity to respond to the allegations against him, while the employer maintained that all necessary steps were taken to ensure a fair process.

The Commission concluded that the dismissal was unfair due to the employer's failure to provide the applicant with a fair opportunity to respond to the allegations against him. The employer did not inform the applicant of the specific instances of absenteeism or provide him with an opportunity to address these issues. The Commission found that the employer's failure to follow a fair process rendered the dismissal unjust. Consequently, the application for relief from unfair dismissal was successful, and the Commission ordered the employer to reinstate the applicant to his previous position and compensate him for the loss of wages and benefits. This decision underscored the importance of procedural fairness in employment terminations and reinforced the protections afforded to employees under the Fair Work Act.

Frederick MacKenzie v Capel Bakehouse 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