| [2022] FWC 1061 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Matthew Morrissy
v
Transport Accident Commission
(U2021/5036)
| COMMISSIONER MIRABELLA | MELBOURNE, 9 MAY 2022 |
Application for an unfair dismissal remedy.
By his application lodged on 9 June 2021, Mr Matthew Morrissy applies under s.394 of the Fair Work Act 2009 (the Act) for an unfair dismissal remedy. Mr Morrissy was employed by Transport Accident Commission (the TAC) from 23 July 2007 until his dismissal on 8 June 2021. The TAC is a Victorian government-owned organisation that funds the treatment of people injured in transport accidents and promotes road safety.
Mr Morrissy contends that his dismissal was harsh, unjust or unreasonable. He primarily seeks an order for reinstatement. The TAC contends that Mr Morrissy’s dismissal was not unfair. It says there was a valid reason to dismiss Mr Morrissy and relies on a number of matters which relate to serious misconduct as justifying the dismissal.
The matter was subject to an unsuccessful conciliation on 5 July 2021, and consequently was listed for hearing before me on 4 October and 5 October 2021. At the hearing, Mr Morrissy was represented by Ms T. Duthie of Counsel and the TAC was represented by Mr J. Zeeman of Counsel.
Mr Morrissy filed written submissions and materials in the Fair Work Commission (the Commission) on 30 July 2021. The TAC filed written submissions and materials in the Commission on 10 August 2021. Reply submissions and materials were filed by Mr Morrissy on 16 August 2021.
Mr Morrissy gave evidence on his own behalf. He also adduced evidence from a former colleague, Mr Rimon Abohadiar, former Team Manager of the Interstate Common Law team (ICL team), who was ordered to attend the Commission and give evidence in the matter. The TAC adduced evidence from the following employees:
· Ms Katherine Ryan, People and Culture Business Partner;
· Mr Damian Poel, Head of Complex Recovery and Serious Injury;
· Ms AB, Associate Solicitor in the ICL team; and
· Ms Sarah Elias, People and Culture Business Partner
Initial matters to be considered
Section 396 of the Act requires that certain matters must be determined by the Commission in relation to any unfair dismissal remedy application before the merits of the application may be considered. In respect of the matters identified in subsections (a), (b), (c) and (d) of s.396, it was not in dispute, and I find, that:
1. The application was made within the 21-day period allowed in s.394(2)(a);
2. Mr Morrissy was a person “protected from unfair dismissal” within the meaning of that expression in s.382 at the time of his dismissal by the TAC; and
3. The TAC is not a “small business employer” and the Small Business Fair Dismissal Code is not relevant; and
4. The dismissal was not a genuine redundancy.
Background
Mr Morrissy was employed by the TAC in its offices in Geelong for 14 years up until his termination. There was no evidence that prior to his conduct…
Keep reading for free
Create a free CaseChat account to read Matthew Morrissy v Transport Accident Commission and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2022] FWC 1061
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.