Ms Caroline Yip v Volunteer Task Force Inc

[2014] FWC 509

[2014] FWC 509

FAIR WORK COMMISSION

DECISION

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

Ms Caroline Yip
v
Volunteer Task Force Inc
(U2013/12791)

COMMISSIONER CLOGHAN PERTH, 22 JANUARY 2014

Unfair dismissal.

[1] On 21 August 2013, Ms Caroline Yip (Ms Yip or Applicant) made application to the Fair Work commission (Commission) seeking a remedy for alleged unfair dismissal from her former employer, Volunteer Task Force Inc (VTF or Employer).

[2] The application was made in accordance with s.394 of the Fair Work Act 2009 (FW Act).

[3] The Employer does not dispute that Ms Yip meets the requirements of the FW Act to be protected from unfair dismissal.

[4] At the hearing on 20 January 2014, the Employer requested, and Ms Yip agreed, that the application proceed into conference in the first instance.

[5] In conference, the Employer conceded that the evidence demonstrated that Ms Yip’s dismissal was not effected in accordance with its staff performance dispute procedure; for that reason the Employer would concede that Ms Yip’s dismissal was unfair.

[6] The Employer sought, pursuant to s.398(4) of the FW Act, that Ms Yip’s application be disposed of by a decision of the Commission, by consent, that Ms Yip was unfairly dismissed.

[7] Having examined the documentary evidence provided as a result of procedural directions, considered the views expressed in conference and by consent of the parties I find that Ms Yip was unfairly dismissed from her employment with VTF on 7 August 2013.

[8] With respect to the remedy for Ms Yip’s unfair dismissal, the parties have reached agreement which has been set out on transcript and will be reduced to a Deed of Settlement.

COMMISSIONER

Appearances:

C Yip, the Applicant.

D Jones of CCIWA for the Respondent.

Hearing details:

2014:

Perth

20 January.

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