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

Printed by authority of the Commonwealth Government Printer

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

CaseChat Overview and Summary

In the Fair Work Commission, Mr John Ashley Stevens lodged an application against ISS Property Services Pty Ltd T/A ISS Property Services for an unfair dismissal remedy. The applicant, Mr Stevens, was an employee of ISS who was terminated on 28 August 2019. The primary issue before the Commission was whether the dismissal was unfair within the meaning of section 387 of the Fair Work Act 2009. The central legal questions were whether the dismissal was for a valid reason related to Mr Stevens' capacity or conduct, and whether the process followed was procedurally fair.

The Commission considered the evidence provided by both parties and the relevant legislative provisions. ISS argued that the dismissal was due to serious misconduct, including unauthorised absences and insubordination. In response, Mr Stevens claimed the dismissal was unjustified and amounted to an unfair dismissal. The Commission examined the reasons for dismissal, the evidence provided by both parties, and the procedural fairness of the dismissal process. It found that ISS had a valid reason related to Mr Stevens' conduct but concluded that the process was not procedurally fair. The Commission found that the dismissal was harsh, unjust, or unreasonable due to procedural deficiencies.

The Fair Work Commission determined that the dismissal was unfair. Consequently, the application for an unfair dismissal remedy was upheld. The final orders included that ISS Property Services Pty Ltd T/A ISS Property Services compensate Mr Stevens for the loss of remuneration from the date of termination until the date of the order. Additionally, the orders mandated that the respondent provide a written apology to Mr Stevens and take steps to ensure the dismissal process complied with procedural fairness in the future.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established