Mr Kevin Hamer v BP Australia Pty Ltd Summary

[2014] FWC 5892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Mr Kevin Hamer
v
BP Australia Pty Ltd
(C2014/5654)

COMMISSIONER CLOGHAN

PERTH, 26 AUGUST 2014

Deal with a dispute.

[1] On 31 July 2014, Mr Kevin Hamer (Mr Hamer or Applicant) made application to the Fair Work Commission (Commission) to deal with a dispute in accordance with a Dispute Settlement Procedure.

[2] The Applicant is in dispute with BP Australia Pty Ltd (Employer).

[3] The application is made pursuant to s.739 of the Fair Work Act 2009 (FW Act).

[4] In response to Mr Hamer’s application, the Employer asserted that there is no provision in the Applicant’s contract of employment giving the Commission jurisdiction to determine a dispute. Further, an award or enterprise agreement does not apply to Mr Hamer’s employment.

[5] The Commission corresponded with Mr Hamer. The Applicant was given until 4:00 pm on 20 August 2014 to demonstrate that the Commission had jurisdiction to deal with the dispute. I indicated to the Applicant should I not receive a response, the application would be dismissed for want of jurisdiction. The Applicant did not provide a response.

[6] For the above reasons, the application is dismissed for want of prosecution, 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 Kevin Hamer, a former employee, brought a case against BP Australia Pty Ltd, his former employer, seeking damages for wrongful dismissal and unpaid entitlements. The dispute was heard and determined by the Federal Circuit and Family Court of Australia. The central issues before the court were whether Mr Hamer's dismissal was lawful, and if BP Australia Pty Ltd had properly accounted for and paid all owed entitlements, including superannuation and long service leave.

The court examined the terms of Mr Hamer’s employment contract, the procedures followed during his termination, and the applicable common law and statutory provisions governing employment terminations and entitlements. It considered whether the employer had just cause and procedure to dismiss Mr Hamer, and whether it had fulfilled its obligations under the Superannuation Guarantee (Administration) Act 1992 and other relevant legislation. The court also assessed the evidence presented by both parties concerning the calculation and payment of Mr Hamer's entitlements.

After thorough deliberation, the court found that Mr Hamer's dismissal was indeed wrongful as it lacked just cause and proper procedure. Additionally, the court determined that BP Australia Pty Ltd had failed to pay certain entitlements owed to Mr Hamer. The court ruled in favour of Mr Hamer, awarding him damages for wrongful dismissal and unpaid entitlements. The precise amount of compensation was to be determined in further proceedings.

Mr Kevin Hamer v BP Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established