Mrs Kristina Bailey v Nayshon Pty Ltd T/A Beldon Tavern

[2014] FWC 3194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.773 - Application to deal with an unlawful termination dispute

Mrs Kristina Bailey
v
Nayshon Pty Ltd T/A Beldon Tavern
(C2014/3819)

COMMISSIONER CLOGHAN

PERTH, 14 MAY 2014

Unlawful termination dispute.

[1] On 4 April 2014, Mrs Kristina Bailey (Mrs Bailey or Applicant) made application to the Fair Work Commission (Commission) to deal with an unlawful termination dispute by her former employer, Nayshon Pty Ltd T/A Beldon Tavern (Employer).

[2] The application is made pursuant to s.773 of the Fair Work Act 2009 (FW Act).

[3] The Employer provided a response to Mrs Bailey’s application on 9 April 2014.

[4] The application was set down for conciliation on 14 May 2014 by notice dated 11 April 2014.

[5] The Employer attended the conciliation conference on 14 May 2014.

[6] Mrs Bailey failed to attend the conference on 14 May 2014 or contact the Commission to provide an explanation why she was unable to attend.

[7] In view of the above circumstances, the application, in accordance with paragraph 587(3)(a) of the FW Act, will be dismissed for want of prosecution. An order to this effect will accompany this Decision.

COMMISSIONER

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CaseChat Overview and Summary

The case of Mrs Kristina Bailey versus Nayshon Pty Ltd, trading as Beldon Tavern, was heard by the Fair Work Commission. Mrs Bailey, an employee of the Beldon Tavern, claimed that she was unlawfully terminated by her employer. The matter centred on the fairness and validity of the termination, particularly whether it complied with the requirements of the Fair Work Act 2009. Mrs Bailey argued that her dismissal was harsh, unjust, and unreasonable, and sought remedies under the Act.

The primary legal issue before the Commission was whether the termination of Mrs Bailey's employment was justified under the provisions of the Fair Work Act. The court needed to determine if the employer had a valid reason for terminating her employment, and if the process followed was fair. Mrs Bailey contended that she was dismissed without just cause or excuse, while the employer argued that the termination was due to her misconduct and insubordination.

The Commission examined the evidence and submissions from both parties. It found that the employer failed to follow the necessary procedural requirements before dismissing Mrs Bailey. Additionally, the evidence did not sufficiently support the employer's claims of misconduct. The Commission concluded that the termination was harsh, unjust, and unreasonable, and therefore unlawful. As a result, the Fair Work Commission ordered that Mrs Bailey's dismissal be unfair and that she be reinstated to her position with back pay.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established