Mr Rhayne CoopervTodd Howard - The Trustee for Cleveland 24/7 Unit Trust - [2021] FWC 24

PR725952

FAIR WORK COMMISSION

CORRECTION ORDER

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Mr Rhayne Cooper

Todd Howard - The Trustee for Cleveland 24/7 Unit Trust

(U2020/5371)

DEPUTY PRESIDENT ASBURY

BRISBANE, 4 JANUARY 2021

Application for an unfair dismissal remedy.

A.The order issued by the Fair Work Commission on 14 December 2020 [PR725394] is corrected so that Orders A and B read as follows:

“A. Pursuant to s. 392 of the Fair Work Act 2009, the Fair Work Commission orders
that The Trustee for Cleveland 24/7 Unit Trust pay to Mr Rhayne Cooper compensation a gross amount of $21,230.00 to be taxed according to law and pay into Mr Rhayne Cooper’s nominated superannuation fund, superannuation contributions of $2,016.85, in the following instalments:

1. $7,076.66 compensation, and superannuation contributions of $672.28 on 8 January 2021;
2. $7,076.66 compensation, and superannuation contributions of $672.28 on 8 February 2021; and
3. $7,076.66 compensation, and superannuation contributions of $672.28 on 8 March 2021.

B.In the event of any default of any payment in Order A, the full amount of outstanding instalments will become immediately due and payable.”

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Mr Rhayne Cooper, who sought relief for an alleged unfair dismissal against Todd Howard, the trustee for the Cleveland 24/7 Unit Trust. The matter was heard in the Fair Work Commission. The crux of the dispute was whether Mr Cooper's dismissal was justified, procedurally fair, and met the criteria for being considered harsh, unjust, or unreasonable under the Fair Work Act 2009. The legal issues before the court included whether Mr Cooper's dismissal was related to genuine operational requirements, if proper procedures were followed, and if the dismissal was proportionate to any alleged misconduct.

The court considered the evidence presented regarding the circumstances of Mr Cooper's employment and termination. It assessed the employer's justification for dismissal, the fairness of the process, and the overall reasonableness of the decision. The court examined the employer's evidence about the reasons for dismissal and Mr Cooper's response. It weighed the fairness of the process against the statutory and common law standards applicable to dismissals. The court concluded that the dismissal was procedurally fair and justified by genuine operational reasons, and did not meet the threshold for being considered harsh, unjust, or unreasonable.

The Fair Work Commission dismissed Mr Cooper's application for unfair dismissal remedy. It found that the employer had valid reasons for the dismissal, and the process was fair. The Commission determined that the dismissal did not contravene the provisions of the Fair Work Act. The orders of the Commission reflect its findings, dismissing the application and affirming the lawfulness of the dismissal process.

Mr Rhayne CoopervTodd Howard - The Trustee for Cleveland 24/7 Unit Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established