Mr Stephen Gleeson v Blenners Transport Pty Ltd T/A Blenners Transport

In the case of Mr Stephen Gleeson v Blenners Transport Pty Ltd T/A Blenners Transport, the Fair Work Commission (FWC) was asked to determine an application for an unfair dismissal remedy under section 394 of the Fair Work Act 2009. The dispute centred on whether the dismissal of Mr Gleeson by Blenners Transport was harsh, unjust, or unreasonable, and whether compensation should be awarded. Mr Gleeson contended that his dismissal was unjust, while Blenners Transport argued that the dismissal was justified and procedurally fair.

The legal issues before the FWC involved assessing whether the dismissal was justified under the provisions of the Act, considering the conduct of Mr Gleeson, the circumstances of the dismissal, and the employer's adherence to procedural fairness. Additionally, the FWC had to determine whether the dismissal was harsh, unjust, or unreasonable in the context of the totality of the circumstances, including the employer's conduct, the nature of the employment, and the impact on Mr Gleeson.

In its decision, the FWC found that Mr Gleeson's dismissal was not justified as it did not align with the provisions of the Act, considering the employer's failure to follow proper procedures. The FWC concluded that the dismissal was harsh due to the lack of procedural fairness and the impact on Mr Gleeson. The Commission awarded Mr Gleeson compensation, reflecting the unjust nature of his dismissal and the impact on his livelihood. The orders included a direction for Blenners Transport to pay Mr Gleeson compensation for the unfair dismissal, along with interest and costs.