Gregory Davis v Stark Bauen T/A Starkcrete Pty Ltd Summary

[2023] FWC 2535

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.365—General protections

Gregory Davis
v

Stark Bauen T/A Starkcrete Pty Ltd

(C2023/5167)

DEPUTY PRESIDENT ANDERSON

ADELAIDE, 6 OCTOBER 2023

Correction to decision – paragraph [60] – Application to deal with contraventions involving dismissal – date dismissal took effect – late lodgement – employer notified of intention to challenge dismissal – ineligible claim in State tribunal – ineligible unfair dismissal application – exceptional circumstances – time for late lodgement extended

The decision issued by the Fair Work Commission on 6 October 2023 [2023] FWC 2535, is corrected as follows:

The date referred to in paragraph [60], 3 August 2023, is replaced with 24 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Gregory Davis v Stark Bauen T/A Starkcrete Pty Ltd involved an application to the Fair Work Commission under the Fair Work Act 2009. Gregory Davis sought to challenge the dismissal of his employment by Stark Bauen, trading as Starkcrete Pty Ltd. The matter was heard by Deputy President Anderson, in Adelaide, on 6 October 2023. The decision included a correction to an earlier version, specifically regarding the date on which the dismissal took effect.

The legal issues before the court centred on whether the claim was eligible to be heard by the Fair Work Commission. These issues included whether the application was lodged late, whether the employer had been notified of the intention to challenge the dismissal, and whether there were exceptional circumstances warranting an extension of the time for lodgment of the application. Additionally, the court considered whether the dismissal could be heard in the state tribunal or if it constituted an unfair dismissal application under the Fair Work Act.

The Fair Work Commission considered the eligibility of the claim under the Act, taking into account the late lodgment of the application. The court found that the employer had been notified of the intention to challenge the dismissal and that there were exceptional circumstances justifying the extension of time for lodgment. The court concluded that the claim was ineligible to be heard in the state tribunal and that it constituted an unfair dismissal application. However, given the exceptional circumstances, the court decided to extend the time for lodgment of the application.

The court issued a corrected decision, amending the date on which the dismissal took effect. The final orders included the correction of the date to 24 August 2023 and the extension of time for lodgment of the application on the basis of exceptional circumstances.

Gregory Davis v Stark Bauen T/A Starkcrete Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established