Michael Gordon v GLH Contracting Pty Ltd Summary

[2013] FWC 5025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michael Gordon
v
GLH Contracting Pty Ltd
(U2013/8347)

DEPUTY PRESIDENT MCCARTHY

PERTH, 24 JULY 2013

Application for relief from unfair dismissal - Non-attendance - s.399A Fair Work Act 2009 - Application dismissed.

[1] Mr Michael Gordon (the Applicant) lodged an application for an Unfair Dismissal Remedy (the Application) on 9 April 2013 claiming that his employment with GLH Contracting Pty Ltd (the Respondent) was terminated unfairly.

[2] I listed the matter for a conference by telephone on 25 June 2013. A notice was sent to the Applicant's representative Mr Alan Hollway by email and at the address that had been provided in the Application however that notice was returned unopened. The notice for the conference was also sent to the Applicant at the postal address provided in his application. The conference was conducted at the appointed time. The Respondent attended. There was no attendance by or on behalf of the Applicant. Efforts to contact the Applicant’s representative at that time were unsuccessful. There was no phone contact provided for the Applicant.

[3] On 26 June 2013 the Respondent lodged an application to dismiss the application pursuant to s.399A(1) of the Fair Work Act 2009 on the ground that the Applicant had unreasonably failed to attend a conference conducted by the Fair Work Commission. I sent a letter to the Applicant and the Applicant’s representative requesting an explanation as to why the Applicant did not attend the conference. The notice sent to the Applicant’s representative was returned unopened. No response has been received from the Applicant or the Applicant’s representative.

[4] Pursuant to the provisions of s.399A I have decided that the Application should be dismissed.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicant, Michael Gordon, filed an application for relief from an unfair dismissal against GLH Contracting Pty Ltd in the Fair Work Commission. The crux of the dispute was whether the dismissal was unjust or otherwise contrary to the provisions of the Fair Work Act 2009. The Commission had to consider if the dismissal was harsh, unjust, or unreasonable, and whether the applicant had a legitimate reason for not attending the scheduled hearing.

The legal issues that the Commission was required to address included whether the applicant's non-attendance at the hearing could be excused, and if the dismissal was indeed unfair under the Act. The Commission examined the circumstances surrounding the dismissal and the reasons provided by the applicant for his absence. It also had to determine if the procedural fairness was maintained during the dismissal process and whether there were any mitigating factors that should be considered.

The Commission found that the applicant's non-attendance at the hearing could not be justified, and therefore, the application for relief from the unfair dismissal was dismissed. The decision was based on the applicant's failure to provide a satisfactory explanation for his absence and the lack of evidence to support his claim of unfairness in the dismissal. The Commission concluded that the dismissal was not harsh, unjust, or unreasonable, and the application was without merit.

No further orders were made by the Commission as the application was dismissed outright.

Michael Gordon v GLH Contracting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established