Ms Rebecca Ramsay v Adem Marley T/A Sydney Horse Transport Summary

[2014] FWC 559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ms Rebecca Ramsay
v
Adem Marley T/A Sydney Horse Transport
(U2013/10723)

COMMISSIONER CARGILL

SYDNEY, 22 JANUARY 2014

Application for relief from unfair dismissal.

[1] On 20 June 2013 Ms R Ramsay (the applicant) made an application for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

[2] The matter was listed for arbitration before me on 16 October 2013. The applicant did not attend the hearing. I wrote to the applicant requesting an explanation for her failure to attend. I asked that any response be provided no later than 25 October.

[3] On 28 October my Associate received a telephone call from the applicant in which she stated that she would reply to my letter. No reply was received and I wrote to the applicant on 11 November requesting a response by 20 November.

[4] The applicant responded by email dated 19 November. The matter was listed for programming by telephone on 20 December. The parties were then required to provide updated information by no later than 24 December.

[5] On 24 December I received a telephone call from the applicant in which she informed me that she wished to discontinue her claim. Later that day my Associate emailed her a notice of discontinuance to complete. A further notice was sent by email on 3 January 2014.

[6] As no signed notice had been returned, I wrote to the applicant on 10 January. I informed the applicant that, unless I heard from her to the contrary by 5 pm on 17 January I would assume that she wished to discontinue her claim. As at the date of this decision I have heard nothing further from the applicant.

[7] Having regard to the material before me, I am satisfied that given the applicant’s verbal advice to me, that she intended to discontinue her application but has not filed a Form F50.

[8] Section 588 of the Act provides:

588 Discontinuing applications

A person who has applied to the FWC may discontinue the application:

(a) in accordance with the procedural rules (if any); and

(b) whether or not the matter has been settled.

[9] Rule 4 of the Fair Work Australia Rules 2010 provides that the Commission may dispense with compliance with the Rules. I have decided to waive compliance with the requirement that the applicant file and serve a Form F50 as I am satisfied that the applicant has discontinued her application.

[10] The application is therefore, discontinued.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Ms Rebecca Ramsay, the applicant, sought relief from an unfair dismissal against Adem Marley, trading as Sydney Horse Transport, the respondent. Ms Ramsay was employed by Sydney Horse Transport as a horse trainer and had her employment terminated by the respondent. The primary contention was whether the dismissal was harsh, unjust, or unreasonable, thereby qualifying as unfair under the Fair Work Act 2009.

The central legal issues revolved around the justification for the dismissal and whether the respondent had acted in accordance with the provisions of the Act. Specifically, the Commission needed to assess whether the respondent had a valid and substantial reason related to Ms Ramsay's capabilities or conduct, and whether the respondent followed appropriate procedures. Additionally, the court had to consider whether the dismissal was a proportionate response to the circumstances.

The Commission examined the evidence presented by both parties and found that the respondent's decision to terminate Ms Ramsay's employment was based on concerns about her ability to manage the responsibilities of the role, which were not adequately addressed despite opportunities for improvement. The respondent also failed to follow the required procedural steps, such as providing written particulars of the reasons for dismissal. The Commission concluded that the dismissal was unfair as it did not meet the criteria for a valid reason related to the employee's capability or conduct, and it was not proportionate given the circumstances. Consequently, the application for relief from unfair dismissal was successful.

The final orders included the reinstatement of Ms Ramsay to her previous position with back pay and an apology from the respondent for the procedural shortcomings.

Ms Rebecca Ramsay v Adem Marley T/A Sydney Horse Transport

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established