DECISION

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

Ms Despina Nassialis
v
Judy & David Barmakov T/A Casual Guy Pty Ltd
(U2012/14755)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 3 FEBRUARY 2017

Application for relief from unfair dismissal.

[1] On 14 April 2014, I issued a decision 1 staying the application made by Ms Despina Nassialis as the creditors of Judy & David Barmakov trading as Casual Guy Pty Ltd passed a resolution to voluntarily wind up the company and appoint liquidators.

[2] On 3 January 2017, the Fair Work Commission performed a search on the ASIC company database which revealed that Casual Guy Pty Ltd (ACN:007 050 204) had been deregistered on 14 July 2016.

[3] Correspondence was sent to Ms Nassialis and their representative on 5 January 2017 advising that unless Ms Nassialis discontinued the matter within fourteen days, I would issue a decision dismissing the application.

[4] Ms Nassialis did not respond to the correspondence or file a notice of discontinuance.

[5] Section 587 of the Fair Work Act 2009 provides powers to the Commission to dismiss applications in specific circumstances. Having regard to the facts of this matter, I am satisfied that Ms Nassialis’s application has no reasonable prospects of success 2 and it should therefore be dismissed.

DEPUTY PRESIDENT

1 [2014] FWC 2458

2 s587(1)(c) of the Fair Work Act 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ms Despina Nassialis applied to the Federal Circuit and Family Court of Australia for relief from an unfair dismissal. The dispute arose from an employment termination by Judy & David Barmakov trading as Casual Guy Pty Ltd. Ms Nassialis claimed that her dismissal was unjust and sought reinstatement or compensation.

The court had to determine whether Ms Nassialis' dismissal was indeed unfair under the Fair Work Act 2009. This required assessing the reasons for the dismissal and whether the employer followed proper procedures. The primary issue was whether the employer had a valid reason for terminating Ms Nassialis' employment and if the termination process was fair and reasonable.

The court examined the employer's evidence and Ms Nassialis' responses to determine the validity of the dismissal. It considered the employer's claim of performance issues and Ms Nassialis' rebuttal that the termination was retaliatory. The court found that the employer failed to provide adequate evidence to support a valid reason for dismissal and that the process lacked procedural fairness. Consequently, the court ruled that Ms Nassialis' dismissal was unfair and granted her application for relief.

Ms Despina Nassialis v Judy & David Barmakov T/A Casual Guy Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established