Mr Tristan Place v Ignition Immersive Pty Ltd
[2024] FWC 26
•4 JANUARY 2024
| [2024] FWC 26 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Mr Tristan Place
v
Ignition Immersive Pty Ltd
(U2023/8974)
| COMMISSIONER JOHNS | MELBOURNE, 4 JANUARY 2024 |
Application for an unfair dismissal remedy
On 18 September 2023, Mr Tristan Place (Applicant) made an application to the Fair Work Commission (Commission) pursuant to section 394 of the Fair Work Act 2009 (Cth) (FW Act) for a remedy in respect of his dismissal by Ignition Immersive Pty Ltd (Employer/Respondent).
The Applicant contended that he was forced to resign because of a course of conduct by the Respondent concerning the non-payment or delayed payment of wages, entitlements, superannuation and commissions.
On 2 October 2023, the Employer filed a response to the unfair dismissal application.
Attempts at conciliation were attempted, but the matter remained unresolved.
Consequently, the matter was programmed and listed for a jurisdictional hearing (the Respondent contending that the Applicant had not been dismissed) on Friday, 5 January 2024.
In response to the Directions the parties filed the following materials:
| Exhibit | Document title | Date |
| 1 | Form F2 | 18-09-2023 |
| 1.1 | Attachment Marked A | undated |
| 2 | Form F3 | 02-10-2023 |
| 2.1 | Commission Agreement - Tristan Place | 22-04-2021 |
| 2.2 | Small Business Fair Dismissal Code Checklist | 02-10-2023 |
| 3 | Respondent's outline of arguments: Objections | 29-11-2023 |
| 4 | Email from the Applicant attaching submissions | 13-12-2023 |
| 4.1 | Applicant's outline of arguments: Objections | 13-12-2023 |
| 4.2 | Applicant's outline of arguments: Merits | 13-12-2023 |
| 4.3 | Applicant's statement of evidence | 13-12-2023 |
| 4.4 | Applicant's document list | various |
| 4.5 | Document titled "Working notes on Constructive Dismissal Argument" | undated |
| 4.6 | Document titled "Respondent objection statements and rebuttal notes" | undated |
On 2 January 2024, in the course of filing its materials, the Respondent made a number of concessions and withdrew its jurisdictional objection.
On the same day, I sought to clarify the Respondent’s position and proposed that the matter could be resolved by way of consent orders. On 4 January 2024 the parties agreed.
Consequently, having regard to the materials submitted by the parties, the concessions made by the Respondent and the consent orders agreed to, I am satisfied that:
a)The Applicant is a person protected from unfair dismissal,
b)The dismissal was not consistent with the Small Business Fair Dismissal Code,
c)The dismissal was not a case of genuine redundancy,
d)The Applicant was dismissed within the meaning of section 386(1)(b) of the FW Act, in that he was forced to resign because of a course of conduct engaged in by the Respondent,
e)There was no valid reason for the dismissal related to the Applicant’s capacity or conduct,
f)The dismissal of the Applicant was harsh and unreasonable,
g)The dismissal of the Applicant was, therefore, unfair,
h)Reinstatement would be inappropriate,
Compensation is appropriate, and
j)By consent of the parties, compensation in the amount of one month’s salary: $11,538.46 payable within 21 days.
An order [PR769955] will be issued with this decision.
COMMISSIONER
Hearing details:
On the papers.
Printed by authority of the Commonwealth Government Printer
<PR769961>
0
0
0