Ruth Cully v Commonwealth of Australia (represented by the Australian National Audit Office)

PR739058 [Note: This order has been set aside - refer to Full Bench decision dated 8 June 2022 [2022] FWCFB 91]

FAIR WORK COMMISSION

ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Ruth Cully

Commonwealth of Australia (represented by the Australian National Audit Office)

(U2021/5497)

DEPUTY PRESIDENT DEAN

CANBERRA, 7 APRIL 2022

Application for an unfair dismissal remedy.

Further to the Decision [2022] FWC 495 issued on 7 April 2022 and pursuant to s.391 of the Fair Work Act 2009, the Commission orders that:

Commonwealth of Australia (represented by the Australian National Audit Office) (ANAO) reinstate Ms Ruth Cully by reappointing her to the position in which she was employed immediately before her dismissal by ANAO on 2 June 2021 (date of dismissal) within 14 days from the date of the Decision;

ANAO shall maintain the continuity of service and continuity of employment for Ms Cully from the date of dismissal to the date of reinstatement in accordance with paragraph 1 of this Order.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ruth Cully filed an application with the Fair Work Commission against the Commonwealth of Australia, represented by the Australian National Audit Office, seeking relief for unfair dismissal. The dispute arose from Ms Cully's termination of employment on 2 June 2021, which she contested as unjust. The Commission, under the Fair Work Act 2009, was tasked with determining whether the dismissal was unfair and, if so, what remedy should be granted.

The central legal issue before the Commission was whether the dismissal of Ms Cully was indeed unfair. This involved an examination of the reasons for her termination, the procedures followed by the ANAO in dismissing her, and whether the dismissal complied with the provisions of the Fair Work Act. Specifically, the Commission needed to assess if the dismissal was justified under the provisions of the Act and whether the ANAO provided Ms Cully with adequate opportunity to respond to the allegations against her.

In its decision, the Fair Work Commission found that the dismissal of Ms Cully was unfair. The Commission determined that the ANAO failed to adequately follow procedural fairness in dismissing Ms Cully, and the reasons provided for her termination were not substantiated. Consequently, the Commission ordered the ANAO to reinstate Ms Cully to her previous position within 14 days from the date of the decision. Additionally, the ANAO was directed to ensure that Ms Cully's continuity of service and employment was maintained from the date of dismissal until her reinstatement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established