Julie Oliver v Golden Origin Group Pty Ltd

[2024] FWC 3173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365—General protections

Julie Oliver
v

Golden Origin Group Pty Ltd

(C2024/6655)

DEPUTY PRESIDENT DEAN

CANBERRA, 18 NOVEMBER 2024

Application to deal with contraventions involving dismissal – whether Applicant dismissed.

This decision concerns an application made by Ms Julie Oliver (Applicant) pursuant to s.365 of the Fair Work Act 2009 for the Commission to deal with a general protections dispute involving her alleged dismissal from Golden Origin Group Pty Ltd (Respondent).

The Applicant must have been dismissed by the Respondent for the Commission to be able to deal with this dispute. The Respondent asserts that the Applicant was not dismissed.

The application was listed for hearing on 18 November 2024 to determine whether the Applicant was dismissed. There is no suggestion the Applicant resigned, so in this matter, this involves a consideration of whether “the persons employment with his or her employer has been terminated on the employers initiative”.[1]

For the reasons given in transcript at the conclusion of the hearing, I find that the Applicant was dismissed. As a result, her application can proceed.

An order giving effect to this decision is separately issued.

DEPUTY PRESIDENT

Appearances:

H Pararajasingh of counsel for Julie Oliver.
M Wang for Golden Origin Group Pty Ltd.

Hearing details:
2024.
By video:
November 18.

[1] s.386(1)(a).

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ms Julie Oliver has filed an application with the Fair Work Commission under section 365 of the Fair Work Act 2009, seeking a determination regarding her alleged dismissal by Golden Origin Group Pty Ltd. The Applicant argues that she was dismissed, while the Respondent denies this claim. The core issue in this case is whether Ms Oliver was indeed dismissed by the Respondent, as the Commission can only proceed with the general protections dispute if a dismissal has occurred. The hearing took place via video conference on 18 November 2024, focusing on the question of whether Ms Oliver's employment was terminated by the Respondent.

The Deputy President of the Fair Work Commission, Dean, was tasked with deciding whether Ms Oliver's employment had been terminated by the Respondent, an essential prerequisite for the Commission to handle the general protections dispute. The decision hinged on the interpretation of the term "dismissal" under section 386(1)(a) of the Act, which includes terminations initiated by the employer. The court considered the arguments presented by both parties and ultimately determined that Ms Oliver was indeed dismissed by the Respondent. This conclusion allowed the Applicant's application to proceed, and a separate order was issued to reflect this decision.

The Deputy President's reasoning was based on the evidence and arguments presented during the hearing. After careful consideration, the Deputy President concluded that the Applicant was dismissed by the Respondent, thereby fulfilling the requirement for the Commission to proceed with the general protections dispute. This decision ensures that the Commission can address the Applicant's claims regarding her alleged dismissal. The final orders of the Commission will be issued separately, formalising the determination that Ms Oliver was dismissed by Golden Origin Group Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established