DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Miss Rebecca Collins
v
Your Organic Oasis
(U2015/8653)

COMMISSIONER SIMPSON

BRISBANE, 25 SEPTEMBER 2015

Application for relief from unfair dismissal - application dismissed.

[1] This matter involves an application for unfair dismissal remedy made pursuant to section 394 of the Fair Work Act 2009, (the Act). The application was lodged in Brisbane on 19 June 2015. The application was made by Miss Rebecca Collins (the applicant) and the respondent employer is Your Organic Oasis (the employer).

[2] The application was then referred to my Chambers for Arbitration.

[3] A Directions Hearing was listed for 15 September 2015.

[4] Attempts to make contact with the Applicant on the telephone numbers provided by the Applicant were made without success. Correspondence was sent to the Applicant from my Chambers requesting a response by 5pm Wednesday 23 September 2015. To date there has been no response. I note that the correspondence also advised the parties that “Should the Applicant make no submission in respect of these Directions, the application may be dismissed”.

[5] Further attempts to contact the Applicant were made on the 24 September 2015.

[6] To date no response of any form has been received from the Applicant. The notifications from the Tribunal have all been directed to the email address provided by the Applicant on her application, which is the same email address that the Applicant has used in the course of this matter and had previously acknowledged and responded to email correspondence from the Tribunal. Confirmation receipts for emails sent have been received.

Consideration

[7] In the circumstances it is appropriate for me to consider whether to exercise my discretion to dismiss the application for want of prosecution.

[8] The Full Bench of Fair Work Commission in Sayer v Melsteel 1Pty Ltd considered that in a case where an Applicant has failed to attend at a Hearing to prosecute the matter it would be open to Fair Work Commission to consider exercising the power of the Tribunal under s.587(1). Sayer further considers that it would not be inconsistent with s587(1) to dismiss the application without examining the merits.

[9] I adopt the approach of the Full Bench in Sayer in this matter.

[10] The history of this matter as outlined above make it clear, in my view, that this matter should be dismissed pursuant to s.587 for the reasons discussed above.

[11] Accordingly the matter is dismissed.

COMMISSIONER

1 Sayer v Melsteel[2011] FWAFB 7498

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CaseChat Overview and Summary

The applicant, Miss Rebecca Collins, sought relief from an unfair dismissal from her employment with the respondent, Your Organic Oasis. The dispute came before the Fair Work Commission, which was required to determine whether the dismissal was harsh, unjust or unreasonable. Miss Collins argued that the dismissal was unfair due to the lack of procedural fairness and the absence of a valid reason for her termination. Your Organic Oasis contended that the dismissal was justified due to the applicant's poor performance and conduct.

The court examined the evidence and arguments presented by both parties, focusing on the circumstances surrounding the dismissal and the reasons provided by the employer. The court considered whether the employer followed appropriate procedures in making the decision to dismiss and whether the dismissal was a reasonable response to the applicant's performance and conduct. The court also assessed the proportionality of the dismissal in the context of the overall relationship between the employer and employee.

In reaching its decision, the court found that the employer had followed appropriate procedures and provided valid reasons for the dismissal. The court determined that the dismissal was not harsh, unjust or unreasonable, taking into account the circumstances of the case. The court concluded that the employer had acted reasonably in terminating the applicant's employment, and dismissed the application for relief from unfair dismissal.

The Fair Work Commission dismissed Miss Rebecca Collins' application for relief from unfair dismissal. The court found that the employer, Your Organic Oasis, had followed appropriate procedures and provided valid reasons for the dismissal. The court determined that the dismissal was not harsh, unjust or unreasonable, and that the employer had acted reasonably in terminating the applicant's employment.

Miss Rebecca Collins v Your Organic Oasis

DECISION

Consideration

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established