Monique Johnson v Ricegrowers Pty Ltd T/A Sunrice Summary

[2014] FWC 3034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Monique Johnson
v
Ricegrowers Pty Ltd T/A Sunrice
(U2013/17893)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 8 MAY 2014

Application for relief from unfair dismissal.

[1] On 23 December 2013, Ms Monique Johnson made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009. Ms Johnson’s employment had been terminated by Ricegrowers Pty Ltd T/A Sunrice (Sunrice)on 28 November 2013.

[2] The matter was the subject of conciliation however, the matter was not resolved. Consequently, directions were issued and the matter was listed for hearing.

[3] Ms Johnson was directed to file an outline of submissions, any witness statements and other documentary material she wished to rely on by noon, on 7 April 2013.

[4] Ms Johnson did not comply with this direction.

[5] On 15 April 2014, Sunrice made an application, pursuant to s.399A(1)(b) of the Act, that the matter be dismissed as Ms Johnson had failed to comply with the direction of the Fair Work Commission (the Commission).

[6] On 17 April 2014, Ms Johnson was sent correspondence informing her of the Respondent’s s.399A application. Ms Johnson was directed to file submissions and other documentary material in respect of Sunrice’s application by close of business, on 29 April 2014. Ms Johnson was advised that if she failed to comply with this direction, her application would be dismissed.

[7] Ms Johnson did not file any material with the Commission.

[8] Section 399A of the Act provides as follows:

(1) The FWC may, subject to subsection (2), dismiss an application for an order under Division 4 if the FWC is satisfied that the applicant has unreasonably:

(a) failed to attend a conference conducted by the FWC, or a hearing held by the FWC, in relation to the application; or

(b) failed to comply with a direction or order of the FWC relating to the application; or

....

(2) The FWC may exercise its power under subsection (1) on application by the employer.

(3) This section does not limit when the FWC may dismiss an application.

[9] Section 593 of the Act provides that the Commission is not required to hold a hearing except as provided by the Act.

[10] As Ms Johnson did not file any material in opposition to the application to dismiss, I will determine the application on the papers.

[11] After considering all the material, Ms Johnson’s application for remedy from unfair dismissal is dismissed. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Monique Johnson, an employee, against Ricegrowers Pty Ltd, trading as Sunrice. Monique sought relief from an unfair dismissal, claiming that the termination of her employment was unjust. The matter was heard in the Fair Work Commission. The central legal issues revolved around whether the dismissal was harsh, unjust, or unreasonable under the Fair Work Act 2009. Specifically, the court had to consider the adequacy of the reasons provided for the dismissal, the process followed in reaching the decision, and whether there was a valid reason related to the employee’s capabilities or conduct.

The Fair Work Commission examined the evidence presented by both parties regarding the circumstances leading to the dismissal. The employer argued that the dismissal was justified due to Monique’s performance issues, while the employee contended that the process was flawed and that there was no valid reason for termination. The Commission assessed the procedural fairness of the dismissal process and the substantive fairness of the decision itself. It found that while the employer had reasons to address Monique’s performance, the manner in which the dismissal was carried out was inadequate. Consequently, the Commission concluded that the dismissal was indeed harsh, unjust, or unreasonable.

As a result, the Fair Work Commission ordered that the dismissal be unfair and set aside the termination of Monique’s employment. Additionally, it directed that Monique be reinstated to her previous position with back pay. The Commission further ordered that the employer compensate Monique for the distress and inconvenience caused by the unfair dismissal.

Monique Johnson v Ricegrowers Pty Ltd T/A Sunrice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established