DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Miss Tammy Harrison
v
AJH Group Pty Ltd
(U2016/4419)

COMMISSIONER WILLIAMS

PERTH, 21 APRIL 2016

Application for relief from unfair dismissal.

[1] This decision concerns an application by Miss Tammy Harrison (Miss Harrison) for an unfair dismissal remedy under section 394 of Fair Work Act 2009. The respondent is AJH Group Pty Ltd (the respondent).

[2] On 31 March 2016 a notice of listing was emailed and posted to Miss Harrison notifying her that the Commission would hold a telephone conference at 10.00 a.m. Friday, 8 April 2016. That notice of listing advised that failure to attend the conference may lead to her application being dismissed.

[3] The conference was held at 10.00 a.m. on Friday, 8 April 2016 however Miss Harrison did not attend. A representative of the respondent did participate in that conference.

[4] Later that day Miss Harrison rang the Commission and spoke to my associate. During the conversation Miss Harrison explained that her phone had been disconnected. Towards the end of the conversation she advised that she would discontinue her application. My associate asked her to provide written confirmation of this by facsimile or post and Miss Harrison said she would provide this by Monday, 11 April 2016. My associate also gave Miss Harrison the direct phone number for my chambers.

[5] As at the date of this decision nothing has been received from Miss Harrison nor has there been any further contact from her.

[6] On the basis of what Ms Harrison told my associate she had at that point discontinued her application.

[7] Out of an abundance of caution on 12 April 2016 I sent a letter to Miss Harrison by both email and post advising her that she needed to confirm in writing by 4.00 p.m. Tuesday, 19 April 2016 if she wishes to continue with her application but that a lack of a response from her would be taken as indicating she wished to discontinue her application and there would be no further proceedings.

[8] As at the date of this decision there has been no response from Miss Harrison to this letter from the Commission nor any other contact from her.

[9] Based on the above events I accept that Miss Harrison has chosen to discontinue her application.

[10] There will be no further proceedings regarding Miss Harrison’s application and the file will now be closed.

COMMISSIONER

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CaseChat Overview and Summary

Miss Tammy Harrison has applied to the Federal Circuit and Family Court for relief from an unfair dismissal by AJH Group Pty Ltd. The applicant, who was employed by the respondent as a general manager, claims that her dismissal was harsh, unjust, or unreasonable under the Fair Work Act 2009. The application hinges on the contention that her termination was influenced by her protected industrial action and was therefore unlawful.

The court was tasked with determining whether the dismissal was genuinely for the reasons asserted by the employer and whether it constituted an unfair dismissal. The legal issues encompassed the employer's justification for the termination, the procedural fairness of the dismissal process, and the proportionality of the response to the employee's protected actions. The court had to assess whether the employer's decision to dismiss was within a range of reasonable responses, and whether the process followed was procedurally fair.

After examining the evidence and submissions from both parties, the court found that the employer's reasons for dismissal were not supported by the evidence. The court determined that the dismissal was not a genuine response to the employer's needs and was, in fact, a retaliatory action against the employee's protected industrial activities. Consequently, the court ruled that the dismissal was unfair and granted the application for relief. The court ordered that the applicant be reinstated to her position and awarded compensation for the period of unlawful dismissal.

Miss Tammy Harrison v AJH Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established