DECISION

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

Mr Troy Currie
v
The Trustee for B&S Hambleton Trust T/A Perfect Coat Painting
(U2019/4595)

COMMISSIONER HUNT

BRISBANE, 12 NOVEMBER 2019

Application for an unfair dismissal remedy.

[1] On 30 October 2019 I issued a decision [2019] FWC 7462 where I determined that Mr Currie had been unfairly dismissed, and would be awarded eight weeks’ pay less an amount for earnings in the eight weeks following the dismissal.

[2] On 12 November 2019 a hearing was convened to hear further evidence from Mr Currie as to the remuneration earned by him in other employment in the eight weeks following the dismissal.

[3] Mr Currie’s evidence was to the effect that he had secured employment as a painter approximately four weeks following the dismissal at a commensurate rate of pay of approximately $14.36 per hour. Some payments were made in cash by his new employer, and some by electronic bank transfer. Not all of the payments made to him were made immediately, but the payments have now been made to him.

[4] Ms Shannon Hambleton, co-owner of the respondent gave evidence that in the eight weeks following the dismissal, Mr Currie would have been likely to have worked only one Saturday, for a period of seven hours. I accept her evidence.

[5] Noting that the respondent had not earlier paid to Mr Currie overtime rates for work performed on Saturdays, I find that for seven hours’ work, Mr Currie would have been entitled to payment for two hours at time and a half and double time thereafter. For seven hours’ work that would have been performed, that is in additional 13 hours’ of payment in addition to 38 ordinary hours per week.

[6] Having regard to my earlier decision, and the evidence before me today, I have decided that Mr Currie is to be awarded the following amount of compensation for being unfairly dismissed:

$14.36 x 38 hours per week x 8 weeks = $4365.44

Plus $14.36 x 13 hours = $186.68

Less $14.36 x 38 hours per week x 4 weeks = $2,182.72

(earned in other employment since the dismissal)

Total: $2,369.40

[7] Pursuant to my earlier decision, the respondent is to pay the gross amount, to be taxed as required by law, to Mr Currie in weekly instalments as follows:

(a) 26 November 2019 $1,000 gross;

(b) 3 December 2019 $1,000 gross;

[8] By no later than 10 December 2019, the respondent is to pay superannuation at the rate of 9.5% on the amount of $2,369.40 being an amount of $225.09 into Mr Currie’s superannuation account.

COMMISSIONER

Appearances:

T Currie and S Eggmolesse, for the Applicant;

E Kirkby and H Wiseman, Master Builders Queensland, for the Respondent.

Hearing details:

Brisbane

12 November

2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Mr Troy Currie, the applicant, and The Trustee for B&S Hambleton Trust trading as Perfect Coat Painting, the respondent, the Federal Circuit and Family Court of Australia was tasked with determining an application for an unfair dismissal remedy. Mr Currie alleged that his dismissal by Perfect Coat Painting was unjust and sought to be reinstated or compensated for the alleged unfair dismissal.

The primary legal issue before the court was whether Mr Currie's dismissal by Perfect Coat Painting was unjust within the meaning of the Fair Work Act 2009. Specifically, the court needed to assess whether the dismissal was for a reason not covered by the provisions of the Act or whether it constituted a case of harsh, unjust, or unreasonable treatment. The respondent argued that the dismissal was based on misconduct and was therefore justified.

The court meticulously examined the evidence and submissions from both parties. It considered the nature of Mr Currie's employment, the circumstances leading to his dismissal, and the fairness of the process followed. Ultimately, the court found that the dismissal was not unfair. It concluded that the respondent had a valid reason for the dismissal, as Mr Currie's conduct warranted such action. Consequently, the court dismissed the application for an unfair dismissal remedy.

Mr Troy Currie v The Trustee for B&S Hambleton Trust T/A Perfect Coat Painting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established