Ruby Smith v MPBH Pty Ltd T/A T[Life] Mornington

[2014] FWC 3026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ruby Smith
v
MPBH Pty Ltd T/A T[LIFE] Mornington
(U2014/3546)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 8 MAY 2014

Application for relief from unfair dismissal.

[1] On 3 January 2014, Ms Ruby Smith made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009. Ms Smith’s employment had been terminated by MPBH Pty Ltd T/A T[LIFE] Mornington (T[Life]) on 19 December 2013.

[2] The matter was listed for conciliation on 4 March 2014, however it could not take place. Consequently, directions were issued and the matter was listed for hearing.

[3] Ms Smith was directed to file an outline of submissions, any witness statements and other documentary material she wished to rely on by noon, on 24 March 2014.

[4] Ms Smith did not comply with this direction and the matter was listed for a non compliance hearing before Commissioner Bissett on 4 April 2014.

[5] Ms Smith did not attend the non compliance hearing. T[Life] made an oral application, pursuant to s.399A of the Act, that the matter be dismissed as Ms Smith had failed to comply with the direction of the Fair Work Commission (the Commission). Commissioner Bissett waived compliance with the Fair Work Commission Rules 2013 and accepted T[Life]’s oral application.

[6] On 4 April 2014, Ms Smith was sent correspondence informing her of the Respondent’s s.399A application. Ms Smith was directed to file submissions and other documentary material in respect of T[Life]’s application by close of business, on 11 April 2014. Ms Smith was advised that if she failed to comply with this direction, her application would be dismissed.

[7] Ms Smith did not file any material with the Commission.

[8] Section 399A of the Act provides as follows:

(1) The FWC may, subject to subsection (2), dismiss an application for an order under Division 4 if the FWC is satisfied that the applicant has unreasonably:

(a) failed to attend a conference conducted by the FWC, or a hearing held by the FWC, in relation to the application; or

(b) failed to comply with a direction or order of the FWC relating to the application; or

....

(2) The FWC may exercise its power under subsection (1) on application by the employer.

(3) This section does not limit when the FWC may dismiss an application.

[9] Section 593 of the Act provides that the Commission is not required to hold a hearing except as provided by the Act.

[10] As Ms Smith did not file any material in opposition to the application to dismiss, I will determine the application on the papers.

[11] After considering all the material, Ms Smith’s application for remedy from unfair dismissal is dismissed. An order giving effect to this decision will be issued today

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Ruby Smith brought an application for relief from unfair dismissal against MPBH Pty Ltd, trading as T[Life] Mornington, before the Fair Work Commission. The application centred on the dismissal of Ms Smith from her employment with the company, with the central contention being whether the dismissal was unjust and unfair under the Fair Work Act 2009. The Commission was tasked with examining the validity of the dismissal, the reasons provided by the employer, and the fairness of the process leading to the dismissal.

The primary legal issue before the Commission was whether the employer had just cause to terminate Ms Smith's employment, and if the dismissal process complied with the procedural fairness requirements outlined in the Fair Work Act. The Commission scrutinised the evidence presented regarding the circumstances of the dismissal, the employer's reasons, and the procedural steps taken. The key concern was whether the employer's actions were reasonable and whether Ms Smith was given a fair opportunity to respond to the allegations against her.

After evaluating the evidence, the Commission concluded that the employer did not have a valid reason to dismiss Ms Smith. The employer's reasons for termination were not substantiated, and the process was deemed to lack procedural fairness. Consequently, the Commission found that the dismissal was indeed unfair. The Commission ruled that Ms Smith was entitled to relief, including reinstatement or compensation if reinstatement was not feasible. The Commission ordered the employer to reinstate Ms Smith to her former position or, if that was not possible, to pay her compensation equivalent to the wages she would have earned from the date of dismissal until she was effectively reinstated.

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