Mr John Ashley Stevens v ISS Property Services Pty Ltd T/A ISS Property Services

[2020] FWC 1549

[2020] FWC 1549

FAIR WORK COMMISSION

DECISION

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

Mr John Ashley Stevens
v
ISS Property Services Pty Ltd T/A ISS Property Services
(U2019/3726)

DEPUTY PRESIDENT ASBURY BRISBANE, 23 MARCH 2020

Application for an unfair dismissal remedy.

[1] In a Decision issued on 12 March 2020 1, I found that Mr John Ashley Stevens had been unfairly dismissed by ISS Property Services Pty Ltd T/A ISS Property Services (the Respondent). I also expressed a provisional view that reinstatement was not appropriate and an order for payment of compensation was appropriate in all of the circumstances.

[2] It was also my provisional view that having consideration to the criteria I am required to consider in s. 392 of the Fair Work Act 2009, this amount of compensation should be in the amount of $19,002.10. I also stated that if any party wished to be heard in relation to my provisional views on remedy, that party should advise my chambers by no later than 4.00pm on Thursday 19 March 2020 and the matter would be listed for further hearing. Further, I also stated in the absence of advice that either party wishes to be heard, an Order giving effect to my provisional view will issue.

[3] Neither party has advised my chambers that they wished to be heard in relation to the provisional views I expressed. I therefore proceed to issue an Order for compensation.

[4] An Order will issue with this Decision that will require the Respondent to pay compensation to Mr Stevens in lieu of reinstatement of a gross amount of $19,002.10 to be taxed according to law. The Order will require the payment to be made within 7 days of the date of this Decision.

DEPUTY PRESIDENT

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 1   Stevens v ISS Property Services Pty Ltd T/A ISS Property Services [2020] FWC 1340.