Mr Harry Shepherd v Andrew Economos T/A AECB (Andrew Economos Custom Building) Summary

[2014] FWC 2152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Mr Harry Shepherd
v
Andrew Economos T/A AECB (Andrew Economos Custom Building)
(C2014/2607)

COMMISSIONER CAMBRIDGE

SYDNEY, 2 APRIL 2014

Application to deal with contraventions involving dismissal.

[1] Despite repeated attempts to have the applicant file a Notice of Discontinuance, or provide other written advice about the status of this matter, they have not done so. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR549188] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mr Harry Shepherd applied to the Fair Work Commission for an order to address the contraventions arising from his dismissal by Andrew Economos, trading as Andrew Economos Custom Building. The application was heard by the Commission and resulted in a decision being made in relation to the dismissal and the associated contraventions.

The primary legal issues the Commission had to decide were whether the dismissal was unfair, unjust, or unreasonable, and whether there were contraventions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the dismissal was harsh, unjust, or unreasonable, and if the employer had failed to comply with procedural requirements outlined in the Fair Work Act.

In delivering the decision, the Commission examined the circumstances surrounding the dismissal and the procedural fairness afforded to Mr Shepherd. The Commission found that the dismissal was indeed harsh, unjust, or unreasonable, given the lack of procedural fairness and the employer's failure to follow the necessary procedural steps. As a result, the Commission ordered that the dismissal be unfair. Additionally, the Commission determined that the employer had contravened the Act by not following the appropriate dismissal procedures, and ordered the employer to take corrective action and comply with the relevant provisions of the Fair Work Act.

The Fair Work Commission ordered that the dismissal of Mr Harry Shepherd by Andrew Economos Custom Building be deemed unfair. The employer was required to take corrective action to comply with the Fair Work Act, including rectifying the procedural shortcomings and providing appropriate remedies to Mr Shepherd.

Mr Harry Shepherd v Andrew Economos T/A AECB (Andrew Economos Custom Building)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established