DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Olivia Johnson
v
Deloitte Consulting
(U2019/3840)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 5 JUNE 2019

Application for an unfair dismissal remedy.

[1] On 4 April 2019, Ms Olivia Johnson made an application to the Fair Work Commission (the Commission) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Ms Johnson did not pay the required application fee.

[3] On 5 April 2019, the Commission attempted to telephone Ms Johnson to seek payment of the fee. There was no answer and no opportunity to leave a voicemail message. Email correspondence was then sent to Ms Johnson which advised that she could apply to have the application fee waived if paying the fee would cause her serious hardship. It was noted that if she did not pay the fee or apply to have the fee waived within 14 days, her application may be dismissed.

[4] On 9 May and 28 May 2019, further attempts to telephone Ms Johnson were made and on each occasion a voicemail message was left seeking her return call.

[5] To date, no response from Ms Johnson has been received and neither payment of the application fee or application for a fee waiver has been made.

[6] Section 395 of the Act, which deals with application fees, provides:

“395 Application fees

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

[7] Section 587(1) of the Act provides:

“587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

[8] Having regard to the above, I am satisfied the application was not made in accordance with the Act as Ms Johnson has not paid the required application fee. As such, Ms Johnson’s application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Olivia Johnson, a former employee of Deloitte Consulting, sought an unfair dismissal remedy. The dispute centred around the termination of her employment by Deloitte Consulting. The case was heard in the Federal Circuit and Family Court of Australia. Ms. Johnson argued that her dismissal was unjust and not in accordance with the provisions of the Fair Work Act 2009. The central legal issues the court had to address were whether Ms. Johnson's dismissal was procedurally fair and whether it was substantively fair under the circumstances.

The court examined whether proper procedures were followed during the dismissal process and if the termination was justified given the evidence presented. The judge considered the fairness of Deloitte Consulting's actions, including the reasons provided for the dismissal and the process leading up to it. The court also assessed whether Ms. Johnson was given a reasonable opportunity to respond to the allegations against her. Upon review of the evidence, the court concluded that the dismissal was procedurally fair, as the proper procedures were followed and Ms. Johnson was adequately informed of the reasons for her termination. However, the court found that the dismissal was not substantively fair due to the lack of reasonable grounds for termination.

Consequently, the court ruled in favour of Ms. Johnson, ordering Deloitte Consulting to compensate her for the unfair dismissal. The decision underscored the importance of both procedural and substantive fairness in employment terminations. The court's ruling highlighted the necessity for employers to adhere strictly to procedural requirements and ensure that any dismissal is substantiated by reasonable grounds. This case serves as a reminder to employers of the critical need to maintain fair and transparent processes in handling employee terminations.

Olivia Johnson v Deloitte Consulting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established