Gordon Plunkett v STM Admin Pty Ltd T/A Strata Title Management Summary

[2014] FWC 1089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Gordon Plunkett
v
STM Admin Pty Ltd T/A Strata Title Management
(U2013/15123)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 13 FEBRUARY 2014

Application for relief from unfair dismissal.

[1] On 20 October 2013, Mr Gordon Plunkett made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Plunkett advised that he commenced employment with STM Admin Pty Ltd T/A Strata Title Management on 7 April 2013, that he was notified of her dismissal on 30 September 2013 and that his dismissal took effect on 11 October 2013.

[3] On 25 October 2013 and 21 November 2013, correspondence was sent to Mr Plunkett pointing out that on the basis of the information contained in the application, he had not served the minimum employment period. The correspondence required the applicant to advise the Fair Work Commission (the Commission) within 14 days whether he wished to proceed with his application.

[4] To date, Mr Plunkett did not reply to that correspondence.

[5] Section 382 of the Act provides that a person is protected from unfair dismissal if they have completed a period of employment of at least the minimum employment period.

[6] Section 383 of the Act sets out the minimum employment period:

383 Meaning of minimum employment period

The minimum employment period is:

(a) if the employer is not a small business employer—6 months ending at the earlier of the following times:

(i) the time when the person is given notice of the dismissal;

(ii) immediately before the dismissal; or

(b) if the employer is a small business employer—one year ending at that time.

[7] In the circumstances of this matter, I am satisfied Mr Plunkett has not completed the required minimum employment period and his application has no reasonable prospects of success.

[8] Section 587(1) of the Act provides:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

[9] Consequently, the application is dismissed under s.587(1)(c) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Gordon Plunkett applied to the Fair Work Commission for relief from an unfair dismissal, challenging the decision of STM Admin Pty Ltd T/A Strata Title Management to terminate his employment. The Commission was tasked with determining whether the dismissal was harsh, unjust, or unreasonable under the Fair Work Act 2009. The central issue was whether the employer's decision to terminate Mr. Plunkett's employment was justified based on the grounds of misconduct, capability, or some other valid reason.

The Commission examined the employer's evidence regarding the reasons for the dismissal, focusing on whether the employer followed a fair process and whether the termination was a reasonable response to the alleged misconduct. It was also necessary to consider whether the employer had reasonable grounds to believe that Mr. Plunkett was guilty of the misconduct and whether any prior warnings or disciplinary actions were appropriate. The Commission also evaluated the proportionality of the employer's response to the misconduct, taking into account the employer's disciplinary policies and practices.

After considering the arguments presented by both parties, the Commission found that the employer had not acted unreasonably in terminating Mr. Plunkett's employment. The evidence showed that the employer had followed a fair process, provided Mr. Plunkett with an opportunity to respond to the allegations, and had reasonable grounds to believe that he was guilty of the misconduct. The Commission also noted that the employer's disciplinary policies were reasonable and that the termination was a proportionate response to the misconduct. Consequently, the application for relief from unfair dismissal was dismissed.

Gordon Plunkett v STM Admin Pty Ltd T/A Strata Title Management

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established