Megan Black v Grafton Community College Inc

[2013] FWC 2632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Megan Black
v
Grafton Community College Inc
(C2013/3544)

COMMISSIONER MCKENNA

SYDNEY, 30 APRIL 2013

Application to deal with contraventions involving dismissal - application dismissed.

[1] Megan Black (“the applicant”) lodged an application pursuant to s.365 of the Fair Work Act 2009 to deal with alleged contraventions involving dismissal by Grafton Community College Inc. The telephone conference proceedings on 26 March 2013 adjourned on the basis the applicant was to consider lodging a notice of discontinuance, albeit the matter was listed for a further mention by telephone on 5 April 2013 in the event she wished to proceed with the application. On 26 March 2013, arrangements were made to email the applicant a notice of discontinuance.

[2] The applicant did not lodge a notice of discontinuance following the proceedings on 26 March 2013 and nor did she enter an appearance at the telephone mention on 5 April 2013. The file contains notes recording that in subsequent telephone inquiries concerning the non-appearance on 5 April 2013, the applicant indicated she did not wish to proceed with the application and would be discontinuing the application. The applicant did not discontinue the application and she did not respond to telephone messages subsequent to 8 April 2013. By email dated 17 April 2013, the applicant was advised that if the notice of discontinuance was not received by 24 April 2013, the applicant would be dismissed.

[3] The applicant has not lodged a notice of discontinuance and nor has any further communication been received from her concerning the application since 8 April 2013. Considering the circumstances, I have determined to dismiss the application for want of prosecution.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, Megan Black filed an application against Grafton Community College Inc, seeking to address alleged contraventions involving her dismissal from employment. Black argued that the College had not followed proper procedures in terminating her employment and that her dismissal was unjust and unlawful. The College, on the other hand, contended that Black's dismissal was conducted in accordance with the terms of her employment contract and applicable laws, and that her application should be dismissed on the grounds that it lacked merit.

The primary legal issues before the court were whether the College had contravened any relevant employment laws or regulations in the process of dismissing Black, and whether the application itself was valid and should proceed. The court had to consider whether there was a reasonable prospect that the application would succeed, and if the application met the criteria for being dealt with under the relevant legislative framework.

In delivering the judgment, the court found that the application did not meet the necessary criteria for proceeding. The court determined that the College had followed the appropriate procedures in dismissing Black and that there was no evidence to suggest that the dismissal was unlawful or unjust. The court also found that the application did not present a reasonable prospect of success, as the evidence provided by Black did not substantiate her claims of procedural unfairness or unlawful termination. Consequently, the court dismissed the application, finding that it should not be proceeded with.

The final orders of the court were that the application by Megan Black against Grafton Community College Inc be dismissed, with no orders for costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established