Georgia Taylor-Rees v Alliance Airlines Pty Ltd

[2022] FWC 947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Georgia Taylor-Rees

v
Alliance Airlines Pty Ltd

(U2021/11739)

COMMISSIONER WILLIAMS

PERTH, 26 APRIL 2022

Application for an unfair dismissal remedy

This matter involves an application made by Ms Georgia Taylor-Rees (the Applicant) under section 394 of the Fair Work Act 2009 (the Act) for an unfair dismissal remedy. The respondent is Alliance Airlines Pty Ltd.

The application was the subject of a conference with a Fair Work Commission (Commission) conciliator however the matter was not resolved and so was referred for arbitration.

Immediately thereafter on 28 February 2022 the parties were advised in writing as to the future requirements to provide witness statements and submissions for arbitration.

Correspondence was sent to the parties on 21 March 2022 with specific directions to each party. This was sent to the Applicant by email. The Applicant was directed to provide written materials in support of the application by 13 April 2022. Nothing was received from the Applicant by this date.

A follow up letter was emailed to the Applicant on 19 April 2022 regarding the failure to comply with the Commission’s direction and directing that the materials be filed and served by 11:00 AM on 21 April 2022. The letter advised a further failure to comply with the Commission’s direction would be grounds for the application to be dismissed without further notice.

As at the date of this decision the Applicant has not filed any materials as directed nor otherwise contacted the Commission.

The legislation

Section 577 of the Act obliges the Commission to perform its functions and exercise its powers in a manner that is fair, just and is quick, informal and avoids unnecessary technicalities and is open and transparent and promotes harmonious and cooperative workplace relations.

Further, section 578 of the Act relevantly requires that in performing functions or exercising powers in relation to a matter the Commission must take into account the objects of the relevant Part of the Act.

A section 394 application falls under Part 3-2 Unfair Dismissal of the Act.

The Objects of Part 3-2 Unfair Dismissal are prescribed in section 381 of the Act. These Objects include the establishment of procedures dealing with unfair dismissal that are quick, flexible and informal and address the needs of employers and employees and involve procedures and remedies that ensure a “fair go all around” is accorded to both the employer and employee concerned.

Section 587 (3) of the Act empowers the Commission to dismiss an application on its own initiative.

Decision

In this case the Applicant has failed to comply with the Commission’s directions and was on notice that non-compliance would be grounds for the application to be dismissed.

The Applicant in the circumstances here has been given a fair go.

The Respondent is also entitled to a fair go including having the claim made against them determined within a reasonable time.

Consequently, my decision is that this application for an unfair dismissal remedy should now dismissed on the initiative of the Commission under section 587 (3) of the Act.

An Order [PR739280] to this effect will be issued in conjunction with this decision.

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved Georgia Taylor-Rees who sought relief against her dismissal by Alliance Airlines Pty Ltd. Taylor-Rees, who worked as a cabin crew member, claimed that her termination was unfair and contrary to the principles of the Fair Work Act 2009. The Commission was tasked with determining whether the dismissal was unjust and if the requisite procedural steps were followed. This case raises questions about the fairness of dismissal procedures and the adequacy of the employer's rationale in terminating employment.

The central legal issues revolved around whether Alliance Airlines Pty Ltd had just cause to terminate Taylor-Rees' employment and if the dismissal process adhered to the procedural requirements stipulated under the Fair Work Act. The key points of contention included the adequacy of the notice given to Taylor-Rees, the fairness of the dismissal in the context of her employment history and conduct, and the proportionality of the employer's response to the alleged misconduct. The Commission needed to assess the evidence presented and determine if the dismissal was within the bounds of what could be considered a fair and reasonable action under the law.

In delivering its decision, the Fair Work Commission examined the evidence meticulously, focusing on the employer's explanation for the dismissal and the procedural fairness of the process. The Commission considered the nature of the allegations against Taylor-Rees, the employer's response, and the fairness of the outcome in light of the statutory provisions. Ultimately, the Commission found that the dismissal was unjust, as the employer failed to adequately justify the termination and did not follow the necessary procedural steps. The Commission ruled that the dismissal was unfair, and Taylor-Rees was entitled to a remedy under the Fair Work Act. The Commission ordered Alliance Airlines Pty Ltd to reinstate Taylor-Rees to her former position and compensate her for the loss of wages and entitlements incurred as a result of the unfair dismissal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established