Mr Jordan Lamacq v Smerff Electrical

[2019] FWC 4214

[2019] FWC 4214

FAIR WORK COMMISSION

DECISION

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

Mr Jordan Lamacq
v
Smerff Electrical
(U2018/5137)

DEPUTY PRESIDENT ASBURY BRISBANE, 18 JUNE 2019

Application for unfair dismissal remedy – Correction of error in relation to decision – Fair Work Act 2009 s. 602.

[1] On 14 January 2019 I issued a Decision finding that Mr Jordan Lamacq had been unfairly dismissed by Smerff Electrical. 1 Also on 14 January 2019 an order was issued requiring that Smerff Electrical pay to Mr Lamacq the amount of $11,400.00 being 12 weeks ordinary wages to be taxed according to law, as compensation for his unfair dismissal.2

[2] On 12 June 2019, correspondence was sent to my Chambers from the Office of the Fair Work Ombudsman advising that a request for assistance with respect to the Order for compensation had been received from Mr Lamacq. The correspondence further advised that research conducted by the Fair Work Ombudsman had established that the legal entity that had employed Mr Lamacq is Simon John Hickey as identified in the following documentation:

•  Queensland Government Department of Education and Training – Cancel a Registered Training Contract (Form) which shows that Smerff Electrical is a trading name and that the employer is Simon John Hickey; and

•  An Australian Business Register Search showing that Simon John Hickey is the individual Sole Trader associated with the Smerff Electrical business name.

[3] I note that at all times Simon John Hickey has responded to the application and appeared in the proceedings on behalf of Smerff Electrical. Smerff Electrical – again represented by Simon John Hickey – appealed the Decision. That appeal was dismissed. 3

[4] The effect of the Decision and Order I issued on 14 January 2019 was to require the former employer of Mr Lamacq to pay to Mr Lamacq compensation for his unfair dismissal. Having been made aware that there is an error in relation to the Decision and Order in relation to the identification of the employer, I have formed a provisional view that it is appropriate for me to exercise the discretion in s. 602 of the Fair Work Act 2009 (the Act) to correct the Decision and Order (which by virtue of s. 598 of the Act is a Decision of the Commission) and that the correction should operate from 14 January 2019. I have also formed a provisional view that I should allow a correction to Mr Lamacq’s unfair dismissal application made on 17 May 2018 4, so that it is made against his true employer, Simon John Hickey.

[5] The correspondence from the Office of the Fair Work Ombudsman has been forwarded to the parties. This further Decision is to inform the parties – Mr Lamacq and Mr Hickey – of my provisional view that the application, Decision and Order should be corrected and to provide them with an opportunity to make further submissions if they wish to do so or to request to be heard in relation to this matter. Any further submissions or requests to be heard should be made in writing to [email protected] by 4.00 pm on Friday 21 September 2019. In the absence of a submission establishing why the corrections foreshadowed in this further Decision should not be made, or a request to be heard, I will make the corrections.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR709454>

 1 [2019] FWC 190.

 2   PR703797.

 3   [2019] FWCFB 1767.

 4   U2018/5137