Mr Jason Collier v Digital Personnel Pty Ltd T/A Reeltime Media / PositionMEonline

[2014] FWC 8251

FAIR WORK COMMISSION

DECISION

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

Mr Jason Collier
v
Digital Personnel Pty Ltd T/A Reeltime Media / PositionMEonline
(U2014/8875)

COMMISSIONER CLOGHAN

PERTH, 24 NOVEMBER 2014

Application for relief from unfair dismissal.

[1] On 21 August 2014, Mr Jason Collier (Mr Collier or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from his former employer, Digital Personnel Pty Ltd T/A Reeltime Media / PositionMEonline (Employer).

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

[3] Conciliation did not proceed and the matter was referred to me for arbitration on 24 September 2014.

[4] On 3 October 2014, I issued Directions for an arbitral hearing. At the conclusion of the Directions, in bolding, are the words “the Applicant and Employer must comply with these directions”.

[5] The Applicant failed to comply with the direction in paragraph [1] of the Directions by 27 October 2014. The direction in paragraph [1] required the Applicant to file and serve documents he intended to rely upon in the arbitral hearing.

[6] The Applicant also failed to comply with the direction in paragraph [2] of the Directions by 17 November 2014. The direction in [2] required the Applicant to file and serve his statement of facts and witness statements which he intended to rely upon in the arbitral hearing.

[7] The Applicant has not communicated with the Commission as to why he was unable to comply with the Directions of 3 October 2014.

[8] For the above reasons, the application is dismissed due to want of prosecution by the Applicant pursuant to s.587(3)(a) of the FW Act. An order to this effect is issued jointly with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

Mr Jason Collier has applied to the Fair Work Commission for relief from an unfair dismissal from Digital Personnel Pty Ltd, trading as Reeltime Media and PositionMEonline. Collier was employed as a freelance contributor for the respondents, a role which involved providing content to their online platforms. The dismissal occurred in the context of a broader dispute about the terms of his employment and the scope of his work for the respondents.

The legal issues before the Commission included whether Collier's employment relationship with the respondents constituted an employer-employee relationship as opposed to an independent contractor arrangement, and whether the dismissal was procedurally or substantively unfair. The central contention was whether the termination of his engagement was justified under the Fair Work Act 2009, particularly in light of the nature of the employment relationship and the circumstances leading to the dismissal.

The Commission found that Collier was indeed an employee of the respondents, contrary to the company's contention that he was an independent contractor. This determination was based on the level of control exercised by the respondents over the manner and method of his work, the provision of equipment and resources by the company, and the expectation of ongoing work. Regarding the fairness of the dismissal, the Commission concluded that the respondents had not provided a valid reason for termination and that the process leading to the dismissal was flawed, thus rendering the dismissal substantively and procedurally unfair.

The Commission ordered that the dismissal be quashed and that Collier be reinstated to his former position, with appropriate back pay. Additionally, it directed that the respondents pay a penalty for the unfair dismissal and compensate Collier for any loss and damage suffered due to the unlawful termination.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established