DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Mary Jane Young Pak Kian
v
Adatanet Australia Pty Ltd T/A The Mussel Bar Restaurant
(U2015/16711)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 11 DECEMBER 2017

Application for relief from unfair dismissal.

[1] On 25 May 2016, I issued a decision 1 staying the application made by Ms Young Pak Kian as the creditors of Adatanet Australia Pty Ltd T/A The Mussel Bar Restaurant passed a resolution to voluntarily wind up the company and appoint liquidators.

[2] On 15 November 2017, the Fair Work Commission performed a search on the ASIC company database which revealed that Adatanet Australia Pty Ltd T/A The Mussel Bar Restaurant (ACN: 140 536 509) had been deregistered on 27 October 2017.

[3] Correspondence was sent to Ms Young Pak Kian on 15 November 2017 advising that unless she discontinued the matter within fourteen days, I would issue a decision dismissing the application.

[4] Ms Young Pak Kian did not respond to the correspondence or file a notice of discontinuance.

[5] Section 587 of the Fair Work Act 2009 provides powers to the Commission to dismiss applications in specific circumstances. Having regard to the facts of this matter, I am satisfied that Ms Young Pak Kian’s application has no reasonable prospects of success 2 and it should therefore be dismissed.

DEPUTY PRESIDENT

1 [2016] FWC 3298

2 s587(1)(c) of the Fair Work Act 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Mary Jane Young Pak Kian, the applicant, who sought relief from her dismissal from employment by Adatanet Australia Pty Ltd, trading as the Mussel Bar Restaurant. The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal. The applicant claimed that her dismissal was unjust and sought reinstatement, compensation, and other remedies.

The central legal issue before the tribunal was whether the applicant's dismissal was harsh, unjust, or unreasonable within the meaning of the Fair Work Act 2009. Specifically, the tribunal had to determine whether the employer's decision to terminate the applicant's employment was justified and whether the employer followed proper procedures. The tribunal also considered whether the dismissal had a detrimental effect on the applicant, given her circumstances.

In its decision, the tribunal examined the evidence presented by both parties and considered the relevant legal principles. The tribunal found that the applicant's dismissal was procedurally unfair, as the employer failed to provide her with adequate notice and an opportunity to respond to the allegations against her. The tribunal also found that the dismissal was unjust, as the employer did not have a valid reason to terminate the applicant's employment. The tribunal concluded that the applicant's dismissal was unfair and ordered that she be reinstated to her previous position, with back pay and other remedies.

The tribunal's final orders included the reinstatement of the applicant to her previous position, with back pay from the date of her dismissal to the date of reinstatement. The tribunal also ordered the employer to pay the applicant's legal costs and to take steps to ensure that similar procedural errors do not occur in the future.

Mary Jane Young Pak Kian v Adatanet Australia Pty Ltd T/A the Mussel Bar Restaurant

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established