Pty Ltd PR709545

PR709545

FAIR WORK COMMISSION

ORDER

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Kurt Wallace

AFS Security 24/7 Pty Ltd

(U2019/1622)

COMMISSIONER CAMBRIDGE

SYDNEY, 28 JUNE 2019

Application for an unfair dismissal remedy.

Further to the Decision made in this matter [2019] FWC 4292 involving an application made pursuant to s. 394 of the Fair Work Act 2009 (the Act), the Fair Work Commission makes the following Orders:

1.  Pursuant to section 392 of the Act, AFS Security 24/7 Pty Ltd ABN: 37147713157 (the employer) is hereby Ordered to pay to Kurt Terrence Wallace (the applicant), the amount of $12,465.00.
2.  The amount Ordered in 1 above is a gross figure and appropriate taxation treatment is a matter for the Parties.
3.  The amount Ordered in 1 above is to be paid to the applicant within 21 days of the date of this Order.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Kurt Wallace, sought a remedy for an unfair dismissal against the respondent, AFS Security 24/7 Pty Ltd, under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission. Wallace claimed that his dismissal was unfair and that he was entitled to compensation for the termination of his employment. AFS Security 24/7 Pty Ltd contested the application, arguing that the dismissal was fair and justified under the provisions of the Act.

The legal issues before the Fair Work Commission included whether the dismissal of Wallace was unfair, whether the employer had valid reasons for the termination, and if so, whether the employer's actions were procedurally fair. The Commission examined the evidence presented by both parties, including the reasons for the dismissal, the employer's policies, and the procedural fairness of the termination process. The Commission had to determine whether the dismissal was justified and if the employer had followed the appropriate procedures as required by the Act.

The Fair Work Commission found that Wallace's dismissal was indeed unfair. The Commission concluded that the employer failed to follow the correct procedures for dismissal and did not provide Wallace with an opportunity to respond to the allegations against him. As a result, the Commission ordered the employer to pay Wallace the sum of $12,465.00 as compensation for the unfair dismissal. The amount specified is a gross figure, with the appropriate taxation treatment to be determined by the parties involved. The employer was also ordered to pay the compensation within 21 days of the date of the order.

The final orders of the Fair Work Commission were that AFS Security 24/7 Pty Ltd must pay Kurt Wallace $12,465.00 within 21 days of the order date, and the amount is to be considered gross with taxation treatment to be managed by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established