Nathan Wills v Orana Cinemas Busselton Pty Ltd

[2014] FWC 5133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Nathan Wills
v
Orana Cinemas Busselton Pty Ltd
(U2014/1482)

DEPUTY PRESIDENT MCCARTHY

PERTH, 31 JULY 2014

Application for relief from unfair dismissal.

[1] An application for unfair dismissal remedy was lodged by Mr Nathan Wills (the Applicant) on 29 April 2014. The Applicant asserted that he had been unfairly dismissed from his employment with Orana Cinemas Busselton Pty Ltd(the Respondent).

[2] I wrote to the Applicant on 8 May 2014 advising him that the application appeared to be lodged outside the 21 days time allowed and requested that he provide me with information on matters I must take into account in determining whether exceptional circumstances existed for the time allowed to be extended. I requested that the Applicant provide a response by 5:00pm on Thursday, 22 May 2014. No response was provided by the Applicant.

[3] On 3 June 2014, I sent a letter to the Applicant by both post and email requesting that he advise by 17 June 2014 whether he wished to proceed with his application. I also advised the Applicant that if no response was received I would presume that he had discontinued his application. I have received no response or communication at all from the Applicant.

[4] I have therefore determined to dismiss the application pursuant to s.587 of the Fair Work Act 2009. The application is dismissed.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Nathan Wills, a former employee of Orana Cinemas Busselton Pty Ltd, applied for relief from his dismissal, claiming it was unfair. The matter was heard in the Fair Work Commission. Wills argued that his termination was unjust and that the company had not followed proper procedures when dismissing him. The company contended that Wills' dismissal was justified due to his misconduct and that the requisite procedural fairness was observed.

The central legal issue before the Commission was whether Orana Cinemas Busselton Pty Ltd complied with the Fair Work Act when dismissing Wills. Specifically, the Commission had to determine whether the dismissal was procedurally fair and whether it was substantively fair given the circumstances. The Commission also considered whether the employer had a valid reason to dismiss Wills based on misconduct, and if the employer's actions were reasonable in the context of maintaining workplace standards.

The Commission found that Orana Cinemas Busselton Pty Ltd did not follow proper procedures when dismissing Wills, thus making the dismissal unfair. The employer failed to provide Wills with adequate notice and an opportunity to respond to the allegations of misconduct. The Commission held that the employer's failure to follow procedural fairness meant that the dismissal was invalid. Additionally, the Commission determined that even if the dismissal was procedurally fair, it would still be deemed unfair due to the lack of a valid reason for termination based on the evidence provided.

The Fair Work Commission ordered that Orana Cinemas Busselton Pty Ltd reinstate Wills to his former position and compensate him for the loss of wages and benefits from the date of dismissal until the reinstatement. The company was also required to apologise to Wills for the unfair dismissal. The decision underscores the importance of adhering to procedural fairness when dismissing an employee and highlights the consequences of failing to do so.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established