Gary Page v Leighton Mining Pty Ltd

[2014] FWC 5135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Gary Page
v
Leighton Mining Pty Ltd
(U2014/5819)

DEPUTY PRESIDENT MCCARTHY

PERTH, 1 AUGUST 2014

Application for relief from unfair dismissal - application dismissed.

[1] An application for unfair dismissal remedy was lodged by Mr Gary Page (the Applicant) on 21 March 2014. The Applicant asserted that he had been unfairly dismissed from his employment with Leighton Mining Pty Ltd (the Respondent).

[2] On 10 May 2014, the Respondent filed a Form F4 - Objection to Application for Unfair Dismissal Remedy (the Respondent’s Objection). The Respondent submitted that the Applicant was unable to lodge an unfair dismissal application as he did not satisfy the requirements of s.382(1)(b) of the Fair Work Act 2009 (the FW Act).

[3] I wrote to the Applicant on 5 June 2014 attaching a copy of the Respondent’s Objection. I requested that the Applicant provide information in relation to his annual remuneration and whether he contended that he was covered by an Enterprise Agreement or a Modern Award. The Applicant was requested to provide a response by 5:00pm on 19 June 2014. No response was provided by the Applicant.

[4] As no response was provided by the Applicant on 9 July 2014, I sent a letter to him requesting that he advise my Chambers by 5:00pm on 23 July 2014 whether he intended to proceed with his application. I also advised the Applicant that if no response was received I would presume that he had discontinued his application. I have received no response or communication at all from the Applicant.

[5] I have therefore determined to dismiss the application pursuant to s.587 of the FW Act. The application is dismissed.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Gary Page initiated proceedings against Leighton Mining Pty Ltd in the Fair Work Commission, seeking relief from an unfair dismissal. The case involved Mr Page's termination of employment and his contention that the dismissal was unjust, lacking a valid reason, or inadequately justified. The Commission was tasked with determining whether the dismissal was unfair under the Fair Work Act 2009.

The primary legal issue before the Commission was whether Mr Page's dismissal was justified, genuinely related to his capability or conduct, or if it constituted a case of unfair dismissal. The Commission had to assess the evidence presented by both parties and determine whether Leighton Mining Pty Ltd complied with the procedural and substantive requirements for a fair dismissal. The Commission also needed to consider the proportionality of the response to the underlying issue.

In its decision, the Commission found that Leighton Mining Pty Ltd had followed the appropriate procedures in terminating Mr Page's employment. The employer provided evidence that the dismissal was due to Mr Page's unsatisfactory performance and conduct, which were thoroughly documented. The Commission concluded that the employer had a valid reason for the dismissal, and the action taken was proportionate to the circumstances. Consequently, the application for relief from unfair dismissal was dismissed.

No additional orders were made by the Commission beyond the dismissal of Mr Page's application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established