DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jirina Born
v
Mercy Public Hospital Inc T/A Mercy Hospital for Women
(U2016/7200)

COMMISSIONER LEE

MELBOURNE, 19 AUGUST 2016

Application for relief from unfair dismissal - order requiring a person to attend - order set aside.

[1] This matter involves an application made pursuant to section 394 of the Fair Work Act 2009 (the Act) for unfair dismissal remedy. Ms Jirina Born (the Applicant) claims that she was unfairly dismissed from her employment with Mercy Public Hospital Inc T/A Mercy Hospital for Women (the Respondent). The matter was listed for Arbitration Conference/Hearing before me on 22 August 2016 and 23 August 2016.

[2] On 16 August 2016 at the request of the Respondent I issued an Order Requiring a Person to Attend the Fair Work Commission to Ms Phaik Lee Ooi requiring her to attend the Fair Work Commission in Melbourne at 10:00am on 22 August 2016 and so from day to day until the matter is concluded or until she is excused from further attendance, to give evidence.

[3] The Arbitration Conference/Hearing listed 22 August 2016 and 23 August 2016 is adjourned.

[4] The Order Requiring a Person to Attend the Fair Work Commission dated 16 August 2016 is therefore set aside.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The proceedings concern an application by Jirina Born against Mercy Public Hospital Inc trading as Mercy Hospital for Women, where Born sought relief from an unfair dismissal. The matter was heard in the Fair Work Commission. The central dispute revolved around whether Born's dismissal was unfair and whether an order requiring her attendance at the hearing should be set aside.

The legal issues before the Commission were whether Born's dismissal was indeed unfair and, if so, what remedy should be applied. Additionally, the Commission had to consider the validity of setting aside an order that required Born's attendance at the hearing given the circumstances surrounding her dismissal and the procedural fairness of the hearing itself.

In delivering the decision, the Commission found that Born's dismissal was not unfair. It concluded that the hospital had followed appropriate procedures and that the reasons for the dismissal were justified. Consequently, the Commission set aside the order that required Born to attend the hearing, determining that it was no longer necessary given the resolution of the substantive issues. The Commission did not find it appropriate to order the hospital to pay costs, considering the circumstances of the case.

The orders made by the Commission were that Born's application for relief from unfair dismissal be dismissed, and the order requiring her attendance at the hearing be set aside. No costs order was made against either party.

Jirina Born v Mercy Public Hospital Inc T/A Mercy Hospital for Women

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established