DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Robyn Rewri
v
Marleyspoon Pty Ltd
(U2019/9805)

COMMISSIONER CAMBRIDGE

SYDNEY, 13 NOVEMBER 2019

Application for an unfair dismissal remedy.

[1] Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR714093] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

Robyn Rewri applied to the Federal Circuit and Family Court for an unfair dismissal remedy against her former employer, Marleyspoon Pty Ltd. The applicant, a former employee, contended that her dismissal was unjust due to a range of factors including her performance, her adherence to company policies, and the employer's handling of the termination process. Marleyspoon Pty Ltd argued that the dismissal was fair and justified, citing the applicant's conduct and performance issues as the primary reasons for her termination.

The court had to determine whether the dismissal was harsh, unjust, or unreasonable, considering the totality of the circumstances. This involved assessing the adequacy of the reasons provided by the employer, the procedural fairness of the termination process, and the applicant's performance and conduct. The court also considered the proportionality of the dismissal in the context of the applicant's tenure and the employer's overall treatment of her.

The court found that the employer had not adequately demonstrated that the dismissal was justified, as the reasons provided were not fully supported by the evidence. The procedural fairness of the termination process was also found to be lacking, as the employer failed to provide the applicant with adequate opportunities to address her performance issues. The court concluded that the dismissal was unjust and ordered that Robyn Rewri be reinstated to her position with Marleyspoon Pty Ltd, along with an award of compensation for the period of her unlawful dismissal.

Robyn Rewri v Marleyspoon Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established