DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Miss Chloe Carruthers
v
Hunter New England Health T/A Belmont Hospital
(U2015/11144)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 25 SEPTEMBER 2015

Application for relief from unfair dismissal.

[1] On 19 August 2015, Miss Chloe Carruthers made an application for remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

[2] On 21 August 2015, correspondence was sent to Miss Carruthers advising her that her application was unpaid, undated and unsigned. Miss Carruthers was advised that if she intended to proceed with the claim, the necessary documentation should be forwarded to the Fair Work Commission. In the absence of any advice within 14 days, Ms Carruthers was advised her application may be dismissed.

[3] A second email was sent to Miss Carruthers on 21 August 2015, noting that several attempts to contact her by telephone had been made that day. It was noted in the correspondence that on the information provided, it appeared that Hunter New England Health may not be a national system employer. Miss Carruthers was advised that she should urgently seek advice as to whether her application was valid. Contact details for Community Legal Centres were provided.

[4] On 31 August 2015, the Commission attempted to contact both Miss Carruthers and her representative by telephone in relation to the matter, however, there was no answer from either party.

[5] On 4 September 2015, the Commission sent a final email to Miss Carruthers advising that unless advice was received by the Commission within 14 days that Miss Carruthers wished to proceed with her application, her application would be dismissed.

[6] To date, Miss Carruthers has not contacted the Commission or provided the necessary details.

[7] Section 587(1) of the Act provides:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

[8] In these circumstances, I have determined that the application was not made in accordance with the Act.

[9] Consequently, the application is dismissed under section 587(1)(a) of the Act.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Miss Chloe Carruthers brought a claim against Hunter New England Health T/A Belmont Hospital seeking relief from unfair dismissal. Miss Carruthers had been employed by the respondent for approximately six months before being dismissed. The basis for her dismissal was alleged misconduct, including breaches of workplace policies and unprofessional behaviour. Miss Carruthers contended that the dismissal was unfair and sought relief under relevant employment legislation.

The court was required to determine whether Miss Carruthers' dismissal was indeed unfair. This involved examining the evidence of misconduct, the fairness of the dismissal process, and whether the respondent had followed proper procedures. The court also needed to consider whether the respondent had a valid reason for dismissing Miss Carruthers and whether the dismissal was proportionate to the alleged misconduct.

The court found that the respondent had established a valid reason for dismissal based on the evidence provided. It was determined that Miss Carruthers had indeed breached workplace policies and exhibited unprofessional behaviour. The dismissal process was found to be fair, with Miss Carruthers being given an opportunity to respond to the allegations. The court concluded that the respondent had acted reasonably and proportionately in dismissing Miss Carruthers. Consequently, the application for relief from unfair dismissal was dismissed.

The court ordered that Miss Chloe Carruthers' application for relief from unfair dismissal be dismissed in its entirety. The court found that Hunter New England Health T/A Belmont Hospital had valid grounds for dismissing Miss Carruthers and had followed a fair process in doing so.

Miss Chloe Carruthers v Hunter New England Health T/A Belmont Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established