Mrs Alison Garner v Redmako Rto T/A Red Aussie

Mrs Alison Garner, an employee, applied for relief from an unfair dismissal against Redmako Rto T/A Red Aussie, a company incorporated overseas and operating in Australia, before the Fair Work Commission. Mrs Garner was employed by Red Aussie as a business manager and was dismissed under the provisions of the Fair Work Act 2009. The crux of the dispute lay in whether the Fair Work Commission had the jurisdiction to hear Mrs Garner's unfair dismissal claim given the foreign incorporation of the employer and the nature of the business as a small entity. The legal issues centred on whether the Commission's jurisdiction was applicable to the employer due to its foreign incorporation and whether Mrs Garner's dismissal was procedurally fair, especially considering the company's status as a small business.

The Fair Work Commission considered the jurisdictional implications of the employer's foreign incorporation and the applicability of Australian employment laws to overseas entities operating within Australia. The Commission examined whether the employer, despite being incorporated overseas, conducted business in Australia and whether Mrs Garner's dismissal fell within the scope of Australian employment legislation. Additionally, the Commission assessed whether the company qualified as a small business for the purposes of the Fair Work Act, which could affect the procedural requirements of dismissal. The court determined that the Fair Work Commission did have jurisdiction to hear the case, as Red Aussie's operations in Australia and the nature of the employment relationship were sufficient to invoke Australian labour laws. Furthermore, the Commission concluded that the dismissal was procedurally unfair due to the lack of proper investigation and failure to provide Mrs Garner with an opportunity to respond to the allegations against her.

Following its reasoning, the Fair Work Commission found in favour of Mrs Garner, granting her relief from the unfair dismissal. The Commission held that the employer did not adequately investigate the reasons for dismissal and failed to provide Mrs Garner with an opportunity to address the allegations. The findings of procedural unfairness, coupled with the Commission's jurisdiction over the employer, led to the conclusion that the dismissal was unjustifiable. Consequently, the Fair Work Commission ordered Red Aussie to reinstate Mrs Garner to her former position and compensate her for the loss of wages and benefits resulting from the dismissal.