Mr Marc Gregory v Verifact Traffic Pty Ltd

[2020] FWC 4815

[2020] FWC 4815

FAIR WORK COMMISSION

DECISION

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

Mr Marc Gregory
v
Verifact Traffic Pty Ltd
(U2020/10279)

COMMISSIONER HUNT BRISBANE, 9 SEPTEMBER 2020

Application for an unfair dismissal remedy.

[1] This decision relates to an application for unfair dismissal remedy made by Mr Marc Gregory pursuant to s.394 of the Fair Work Act 2009 (the Act) to the Fair Work Commission (the Commission) on 28 July 2020.

[2] The matter has been allocated to me and directions have been issued for the parties to file materials in preparation for hearing on 21 October 2020.

[3] On 1 September 2020 the representative of Verifact Traffic Pty Ltd (the Respondent) wrote to my chambers seeking for the matter to be adjourned pending the outcome of a criminal hearing to which this matter directly relates. Mr Gregory is a defendant in a criminal matter relating to the reasons for his dismissal by the Respondent.

[4] I sought the views of Mr Gregory as to whether the matter should be adjourned pending the outcome of the criminal proceedings on foot, noting to the parties that I may decide upon a stay of the proceedings until such time as the conclusion of the criminal proceedings, as opposed to an adjournment. Mr Gregory and the Respondent have no objection to a stay of the proceedings until the criminal proceedings have concluded.

[5] I have decided that the proceedings in this matter should be stayed pending the finalisation, or withdrawal, or other appropriate disposal of the related criminal proceedings. However, the stay shall contemplate revocation or alteration if Mr Gregory seeks to argue for re-commencement of proceedings at a time earlier than that provided for in the stay Order.

[6] A stay Order [PR722617] will be issued concurrently with this decision.

COMMISSIONER

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