Ms Alexandra Walsh v Umoona Tjutagku Health Service Aboriginal Corporation
[2012] FWA 8459
•2 OCTOBER 2012
[2012] FWA 8459 |
|
DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Ms Alexandra Walsh
v
Umoona Tjutagku Health Service Aboriginal Corporation
(U2012/7369)
COMMISSIONER STEEL | COOBER PEDY, 2 OCTOBER 2012 |
Termination of employment.
[1] The tribunal is satisfied that Ms Alexandra Walsh (the applicant) was dismissed pursuant to s.386(1)(a) of the Fair Work Act 2009 (the Act) at the initiative of the respondent employer.
[2] The applicant is a person protected from unfair dismissal at the time of her dismissal pursuant to s.382 of the Act.
[3] The respondent in his matter has submitted that it consents to an order that the applicant was unfairly dismissed within the meaning of s.385 of the Act, that re-instatement of the applicant would be inappropriate and that they would pay twenty-six weeks pay as compensation.
[4] The applicant has also agreed that re-instatement is inappropriate in the circumstances and has made submissions on remedy-compensation.
[5] The tribunal, in terms of remedy, has considered the provisions of s.392 - Remedy-Compensation of the Act and the submissions. Given the submissions of the respondent and the fact the applicant continues to be unemployed and on workers compensation, the tribunal has determined that an amount of compensation of twenty-six weeks pay is appropriate in these circumstances.
[6] The tribunal further considers that the balance of the applicant’s submissions on remedy are beyond jurisdiction with the exception of the provision of a statement of service from the respondent.
[7] The tribunal concludes that the applicant was unfairly dismissed and the tribunal so orders.
Orders
1. That the applicant was unfairly dismissed from employment with the respondent.
2. That re-instatement is inappropriate in the circumstances.
3. That the respondent is to provide a statement of service to the applicant within fifteen days of this order.
4. That the respondent is to pay to the applicant within fifteen days of this order, twenty-six weeks pay less appropriate taxation at the rate of pay that the applicant was receiving at the time of her dismissal.
COMMISSIONER
Appearances:
Ms A Walsh in person
Mr D Perera and Mr R Walker for the respondent
Hearing details:
2012:
Coober Pedy
2 October
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