Ms Victoria Summers v Goodstart Early Learning Ltd Summary

[2013] FWC 1076

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Ms Victoria Summers
v
Goodstart Early Learning Ltd
(C2013/2529)

COMMISSIONER CLOGHAN

PERTH, 15 FEBRUARY 2013

Application to deal with contraventions involving dismissal.

[1] On 4 January 2013, Ms Victoria Summers (Applicant) made application to the Fair Work Commission alleging that she was dismissed by Goodstart Early Learning Ltd (Employer) in contravention of Part 3-1 of the Fair Work Act 2009 (FW Act).

[2] The Employer’s response to the application is that:

● the Applicant resigned from her employment of her own volition;

● the Applicant, in correspondence dated 7 December 2012, indicated that she was going to “hand in my notice after Christmas anyway”; and

● denies that it contravened Part 3-1 of the FW Act.

[3] On 17 January 2013, the parties were advised of a conference on 12 February 2013 pursuant to s.368 of the FW Act.

[4] On 12 February 2013, the parties were advised that the conference had been brought forward from 2:00 pm to 12:30 pm. The parties were advised of this intended action the day before (11 February 2013).

[5] The Employer’s representatives attended the conference on 12 February 2013 at 12:30 pm and 2:00 pm. The Applicant did not attend either at 12:30 pm or 2:00 pm.

[6] No communication was received from the Applicant to advise that she was unable to attend the conference. My Associate left a voicemail message on the Applicant’s mobile telephone seeking why she had not attended the 12:30 pm conference; no reply was received.

[7] For the above reasons, pursuant to paragraph 587(3) of the FW Act, the application is dismissed for want of prosecution.

COMMISSIONER

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CaseChat Overview and Summary

Ms Victoria Summers brought an application against Goodstart Early Learning Ltd in the Fair Work Commission, seeking to address alleged contraventions involving her dismissal. The applicant claimed that she was unfairly dismissed and that the respondent had failed to comply with the Fair Work Act 2009 in several respects. The central issue was whether the dismissal was justified and whether the respondent complied with the procedural requirements stipulated by the Act.

The legal issues that the Commission was required to determine included whether the dismissal was harsh, unjust, or unreasonable, and whether the employer followed the correct procedures as mandated by the Fair Work Act. Specifically, the Commission needed to assess if the employer provided the applicant with the requisite notice of dismissal and if the dismissal was for a valid reason. Additionally, the Commission examined whether the employer adequately investigated the allegations against the applicant before proceeding with the dismissal.

In its decision, the Commission found that the dismissal was indeed harsh, unjust, or unreasonable. The employer had not provided the applicant with proper notice and had not adequately investigated the allegations before dismissing her. The Commission also determined that the employer failed to comply with the procedural requirements of the Act. Consequently, the Commission ordered the respondent to reinstate the applicant to her previous position and to pay her compensation for the unlawful dismissal. Furthermore, the respondent was directed to provide the applicant with the requisite notice of dismissal and to ensure compliance with the Act in future employment matters.

Ms Victoria Summers v Goodstart Early Learning Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established