DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jayson Evans
v
Cordina Foods Pty Ltd
(U2021/7117)

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 1 OCTOBER 2021

Application for an unfair dismissal remedy – application dismissed.

[1] This decision relates to an unfair dismissal application by Mr Jayson Evans pursuant to s 394 of the Fair Work Act 2009 (Cth) (Act) against his former employer, Cordina Foods Pty Ltd.

[2] On 1 September 2021, directions were issued requiring Mr Evans to file and serve an outline of submissions, witness statements and other documentary material in support of his application, by 4:00pm on 22 September 2021. Mr Evans did not file any material within that timeframe.

[3] On 23 September 2021, Mr Evans was given a further opportunity, until 4pm on 24 September 2021, to file and serve material in support of his unfair dismissal application. In the correspondence sent to Mr Evans on 23 September 2021, he was informed that his unfair dismissal application may be dismissed without further notice to him if he failed to comply with the requirement to file and serve material in support of his application by 4pm on 24 September 2021. Mr Evans did not file any material within that timeframe, nor has he since filed any material or made any contact with the Fair Work Commission.

[4] On 28 September 2021, my Associate attempted, without success, to telephone Mr Evans. A voicemail message was left for Mr Evans, asking him to contact chambers. No communication has been received from Mr Evans.

[5] On 29 September 2021, Mr Evans was directed to file in the Fair Work Commission and serve on the Respondent, by 4pm on 30 September 2021, any material he wished to rely on concerning whether his unfair dismissal application should be dismissed for his failure to comply with the directions previously made and prosecute his claim. No material was filed by Mr Evans.

[6] Mr Evans has not filed any material in compliance with the directions, as amended. Further, the Fair Work Commission has not received any communication from Mr Evans since the original directions were made on 1 September 2021.

[7] For the reasons set out in the previous five paragraphs, I have decided to exercise my discretion pursuant to s 587(1) of the Act to dismiss Mr Evans’s unfair dismissal application against the respondent in these proceedings. Mr Evans’s unfair dismissal application is therefore dismissed, the hearing date is vacated, and the directions made on 1 September 2021, as amended on 23 September 2021, are also vacated.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Jayson Evans versus Cordina Foods Pty Ltd was heard in the Fair Work Commission. Mr Evans sought a remedy for unfair dismissal from his employer, Cordina Foods Pty Ltd. The dispute centred on whether Mr Evans' termination from employment was justified, lawful, and equitable under the provisions of the Fair Work Act 2009. Mr Evans argued that his dismissal was unfair as it was not based on genuine operational reasons but was instead retaliatory and discriminatory.

The primary legal issues before the court were whether Cordina Foods Pty Ltd had just cause to terminate Mr Evans' employment and whether the process followed was procedurally fair. Mr Evans contended that the dismissal was retaliatory, as he had previously raised workplace health and safety concerns and that the process lacked procedural fairness as he was not adequately consulted. Cordina Foods Pty Ltd maintained that the dismissal was due to operational reasons, specifically, the need to reduce workforce in response to financial constraints, and that the process adhered to the company's policies.

In its decision, the commission found that Cordina Foods Pty Ltd had valid operational reasons for the dismissal, including the need to reduce costs and workforce. The company demonstrated that the decision to terminate Mr Evans' employment was not retaliatory but part of a broader restructuring effort. The commission also found that the process followed was procedurally fair, as Mr Evans was given the opportunity to respond to the allegations against him and was provided with reasons for the decision. Consequently, the application for an unfair dismissal remedy was dismissed.

Jayson Evans v Cordina Foods 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