Mr Anthony Fitzpatrick v Marvel Book Binding & Print Finishing
[2011] FWA 7401
•27 OCTOBER 2011
[2011] FWA 7401 |
|
EX TEMPORE DECISION |
Fair Work Act 2009
s.394—Application for unfair dismissal remedy
Mr Anthony Fitzpatrick
v
Marvel Book Binding & Print Finishing
(U2011/8906)
COMMISSIONER SMITH | MELBOURNE, 27 OCTOBER 2011 |
ss.725 and 732 of the Act; application filed with the Victorian Equal Opportunity and Human Rights Commission; requirement under the Act not to deal with this matter; application dismissed.
[1] The following decision, now edited, was issued during proceedings conducted on 24 October 2011.
[2] This is an application pursuant to s.394 of the Fair Work Act 2009 (the Act) made by Mr Anthony Fitzpatrick in relation to his termination of employment by Marvel Bookbinding and Print Finishing Pty Ltd.
[3] Mr Fitzpatrick was terminated on 9 June 2011 for an alleged breach of confidentiality. During proceedings this morning, there were attempts to see whether or not common ground could be reached and, regretfully, that failed.
[4] Mr Hargrave, on behalf of the respondent in this matter, has now raised the operation of ss.725 and 732 of the Act.
[5] Section 725 states:
“A person who has been dismissed must not make an application or complaint of a kind referred to in any one of sections 726 to 732 in relation to the dismissal if any other of those sections applies.”
[6] Mr Hargrave has drawn my attention to s.732 which states:
“(1) [Section applies when application before FWA] This section applies if:
(a) an application or complaint under another law has been made by, or on behalf of, the person in relation to the dismissal, and
(b) the application or complaint has not
(i) been withdrawn by the person who made the application; or
(ii) failed for want of jurisdiction.
(2) [Meaning of application or complaint under another law] An application or complaint under another law is an application or complaint under:
(a) a law of the Commonwealth (other than this Act); or
(b) a law of a State or Territory.”
[7] On the same day as this application was made, Mr Fitzpatrick made an application or a complaint to the Victorian Equal Opportunity and Human Rights Commission and, in particular, indicated that he would seek reinstatement and believed that he was dismissed as a consequence of his employment activity, his race, and in addition he says he had been subjected to verbal and mental abuse and bullying in the workplace.
[8] Given that the application also deals with the issue that gives rise to these proceedings, I am required under the Act to not deal with the matter and accordingly the application is dismissed.
COMMISSIONER
Appearances:
A. Fitzpatrick the Applicant.
J. Hargrave with W. Eastaugh on behalf of Marvel Book Binding and Print Finishing.
Hearing details:
2011.
Melbourne:
September, 2; and
October, 24.
Printed by authority of the Commonwealth Government Printer
<Price code A, PR516155>
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