Robert Barat v Carter & Spencer Group T/A Carter & Spencer Nth Qld Pty Ltd Summary

[2017] FWC 3319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Robert Barat

Carter & Spencer Group T/A Carter & Spencer Nth Qld Pty Ltd

(U2017/5710)

Deputy President Clancy

MELBOURNE, 20 JUNE 2017

Application for an unfair dismissal remedy.

On 30 May 2017, Mr Robert Barat made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth) (the Act).

Mr Barat did not pay the required fee.

On 30 May 2017, the Fair Work Commission attempted to telephone Mr Barat, however this was unsuccessful and a voicemail was left. On the same day, correspondence was sent to Mr Barat advising that payment of the lodgement fee or a completed waiver form was required if he wished to proceed with his application. Mr Barat was advised in the absence of any advice from him within 14 days, his application may be dismissed.

Further attempts to telephone Mr Barat were made on 12 June and 16 June 2017, with a voicemail left on each occasion seeking a return call regarding the outstanding lodgement fee.

To date, no response from Mr Barat has been received.

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
(c) the circumstances in which all or part of the fee may be waived or refunded.

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
(c) the application has no reasonable prospects of success.

Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Robert Barat, an employee, filed an application for unfair dismissal remedy against Carter & Spencer Group T/A Carter & Spencer Nth Qld Pty Ltd, his former employer. The dispute arose from Barat's termination of employment, which he contested as unjust and potentially unlawful under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the dismissal was harsh, unjust, or unreasonable.

The central legal issue before the court was whether the employer had a valid and just reason for terminating Barat's employment, and if the termination process followed the procedural fairness principles outlined in the Act. Specifically, the court had to assess if the employer acted in accordance with the procedural requirements and if the termination was justified under the circumstances. Additionally, the court examined the employer's rationale for the dismissal, including whether it was based on a valid reason related to the employee's capacity or conduct.

The Fair Work Commission concluded that the employer's actions were procedurally unfair, as they did not afford Barat the opportunity to respond to the allegations against him. The employer failed to provide adequate information regarding the reasons for the dismissal and did not allow Barat to address the issues, which breached the principles of procedural fairness. Furthermore, the employer's justification for the dismissal was deemed insufficient, as it did not convincingly demonstrate that the termination was necessary or warranted. The court found that the dismissal was unjust and ordered reinstatement, along with compensation for lost earnings and entitlements.

Robert Barat v Carter & Spencer Group T/A Carter & Spencer Nth Qld Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established