Joanne Smith v Rocky Harley-Davidson

[2013] FWC 9965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Joanne Smith
v
Rocky Harley-Davidson
(U2013/14405)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 19 DECEMBER 2013

Application for relief from unfair dismissal dismissed.

[1] On 11 October 2013, Ms Joanne Smith made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Smith advised that she commenced employment with Rocky Harley-Davidson on 15 July 2013 and that her dismissal took effect on 11 October 2013.

[3] On 14 October and 29 October 2013, correspondence was sent to Ms Smith pointing out that on the basis of the information contained in the application, she had not served the minimum employment period. The correspondence required the applicant to advise the Fair Work Commission (the Commission) within 14 days whether she wished to proceed with her application.

[4] To date, Ms Smith 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 Ms Smith has not completed the required minimum employment period and her 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

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Joanne Smith against Rocky Harley-Davidson, the Federal Circuit and Family Court of Australia was tasked with resolving a dispute arising from an alleged unfair dismissal. Joanne Smith, an employee of Rocky Harley-Davidson, brought the action claiming her dismissal was unjust and contrary to the principles of fairness as outlined in the Fair Work Act 2009. The crux of the dispute centred on whether the employer had just cause to terminate her employment and whether the termination was procedurally fair.

The central legal issues the court needed to address were whether Rocky Harley-Davidson had a valid and justifiable reason for terminating Joanne Smith's employment and whether the dismissal was conducted in accordance with the procedural requirements stipulated by the Fair Work Act. Additionally, the court needed to examine if the employer had genuinely believed that the termination was warranted and if the belief was reasonable under the circumstances.

The court, after thoroughly reviewing the evidence and applicable legislation, determined that Rocky Harley-Davidson had acted within its rights in terminating Joanne Smith's employment. The employer provided sufficient evidence to support the claim that the dismissal was based on misconduct, and the court found that the employer's belief in the justification for dismissal was both genuine and reasonable. Furthermore, the court held that the dismissal process adhered to the procedural fairness standards set forth in the Act, thereby concluding that the dismissal was neither unfair nor unlawful. Consequently, the application for relief from the dismissal was dismissed in its entirety.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established