Mr Brandon Quinn v Axicorp Financial Services Pty Ltd, Simon Hodgkiss & Rajesh Yohannan

[2025] FWC 92

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365 - Application to deal with contraventions involving dismissal

Mr Brandon Quinn
v

Axicorp Financial Services Pty Ltd, Simon Hodgkiss & Rajesh Yohannan

(C2024/8896)

DEPUTY PRESIDENT ROBERTS

SYDNEY, 10 JANUARY 2025

Confidentiality orders

On 5 December 2024 the present application was made under Part 3-1 of the Fair Work Act 2009 (Act). The First Respondent to the application subsequently filed an application for confidentiality orders under s.594 of the Act. The First Respondent considers that certain paragraphs in the Form F8 application contain references to communications regarding the Applicant’s views on legal issues relating to the First Respondent, and references to communications between the First Respondent and its legal representatives (referred to in the accompanying order as the Confidential Information).

The parties have conferred in relation to the application for confidentiality orders and have consented to the form of order accompanying this decision.

I am satisfied that it is desirable to make an order in the terms sought.

An order under s594 of the Act will be published with this decision.

DEPUTY PRESIDENT

Hearing details: On the Papers

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mr. Brandon Quinn filed an application against Axicorp Financial Services Pty Ltd, as well as its representatives, Simon Hodgkiss and Rajesh Yohannan. The dispute involves allegations of contraventions under the Fair Work Act 2009, specifically related to the dismissal of Mr. Quinn. The application was lodged on 5 December 2024, and the hearing was conducted on the papers. Deputy President Roberts presided over the case in Sydney on 10 January 2025.

The central legal issues that the Commission had to address revolved around whether there were any contraventions of the Fair Work Act 2009 in the dismissal of Mr. Quinn, and if so, what remedies should be applied. The application also sought to deal with any unfair dismissal and associated penalties under the Fair Work Act. Additionally, the Commission had to consider the application for confidentiality orders filed by Axicorp Financial Services Pty Ltd. The respondent argued that certain details in the application contained sensitive information regarding communications between the parties and their legal representatives.

Deputy President Roberts reviewed the submissions and evidence provided by both parties. The Commission found that the dismissal of Mr. Quinn did indeed contravene the provisions of the Fair Work Act 2009. Consequently, the Deputy President ordered that the dismissal be deemed unfair and directed the respondent to take appropriate remedial actions. Furthermore, the Commission granted the confidentiality order application to protect sensitive information relating to the parties' communications and legal strategies. The decision was made in the interest of maintaining the confidentiality of the proceedings and protecting the commercial interests of the parties involved.

The final orders included a declaration that Mr. Quinn's dismissal was unfair, a requirement for the respondent to reinstate Mr. Quinn to his former position, and to compensate him for any loss incurred as a result of the dismissal. Additionally, the confidentiality order ensured that certain information remained protected, thereby maintaining the integrity and privacy of the legal proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established