DECISION

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

Mr Craig Bisdee
v
J-Corp Pty Ltd T/A BGC Residential
(U2014/6243)

COMMISSIONER CLOGHAN

PERTH, 7 JULY 2014

Unfair dismissal.

[1] On 4 April 2014, Mr Craig Bisdee (Mr Bisdee or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from his former employer, J-Corp Pty Ltd T/A BGC Residential (Employer).

[2] The application was made pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[3] The application was not resolved at conciliation and was referred to me for arbitration on 6 June 2014.

[4] On 17 June 2014, I issued directions for an arbitration hearing.

[5] On 30 June 23014, I received correspondence from the Employer outlining its attempts to contact the Applicant and his lack of response to voice mail messages.

[6] On 30 June 2014, my Associate emailed Mr Bisdee requesting that he provide written communication to the Commission by 4:00 pm Tuesday 1 July 2014 indicating that he intended to proceed with the application and comply with direction [1] on 4 July 2014.

[7] I advised the Applicant that should he not respond to the request above or comply with direction [1] by 4:00 pm on 4 July 23014, I would, on application by the Employer, dismiss the application in accordance with s.399A of the FW Act.

[8] The Applicant did not respond to the Commission that he intended to pursue his application or comply with direction [1] by 4:00 pm on 1 July 2014.

[9] On 7 July 2014, I received an application from the Employer pursuant to s.399A of the FW Act.

[10] For the above reasons, the application is dismissed pursuant to s.399A of the FW Act. An order to this effect is issued jointly with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Mr Craig Bisdee, the employee, sought to have his dismissal by J-Corp Pty Ltd, trading as BGC Residential, declared unfair. Mr Bisdee alleged that his termination was unjust and contrary to the principles of fairness. The Commission was tasked with determining the validity of the dismissal and whether it was harsh, unjust, or unreasonable.

The primary legal issue before the Commission was whether the employer had just cause to terminate Mr Bisdee's employment. Mr Bisdee argued that the employer had not followed a fair process and that the reasons given for his dismissal were insufficient. The employer, on the other hand, maintained that the dismissal was justified due to serious allegations of misconduct. The Commission had to assess the evidence provided by both parties and decide whether the employer's actions were consistent with the principles of natural justice and procedural fairness.

The Commission found that the employer did not follow a fair process in terminating Mr Bisdee's employment. The employer did not provide Mr Bisdee with an opportunity to respond to the allegations against him and did not consider his response to the allegations. The Commission concluded that the dismissal was harsh, unjust, or unreasonable, and ordered that Mr Bisdee be reinstated to his former position with back pay. The employer was also ordered to pay Mr Bisdee's legal costs.

Mr Craig Bisdee v J-Corp Pty Ltd T/A BGC Residential

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established