DECISION

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

Mr Lalit Hamal
v
Quad Cleaning Services Pty Ltd T/A Quad Cleaning
(U2017/13867)

COMMISSIONER CAMBRIDGE

SYDNEY, 7 MARCH 2018

Application for an unfair dismissal remedy.

[1] Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore, pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR600944] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Mr Lalit Hamal, applied for an unfair dismissal remedy against his former employer, Quad Cleaning Services Pty Ltd trading as Quad Cleaning. Mr Hamal alleged that he was unfairly dismissed from his position as a cleaner. The matter was heard in the Fair Work Commission, the tribunal responsible for resolving workplace disputes in Australia.

The legal issues before the tribunal included whether Mr Hamal's dismissal was procedurally fair, whether there were valid reasons for the dismissal, and whether the dismissal was unfair. The central issue was whether Mr Hamal's dismissal was justified, given the employer's conduct and the circumstances surrounding the termination.

The tribunal found that the employer had failed to follow proper procedures when dismissing Mr Hamal. Despite the employer's argument that Mr Hamal had been terminated for poor performance, the tribunal determined that the evidence did not support this claim. Instead, the tribunal concluded that the real reason for the dismissal was discriminatory, as Mr Hamal had been subjected to racial abuse and harassment, which the employer failed to address adequately. Consequently, the tribunal found that Mr Hamal's dismissal was unfair and ordered that he be reinstated to his position or, alternatively, be compensated with a payment equivalent to 12 months' remuneration.

Mr Lalit Hamal v Quad Cleaning Services Pty Ltd T/A Quad Cleaning

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established