Ryan Hourigan v H. W. Carpentry Solutions Pty Ltd

[2014] FWC 5781

[2014] FWC 5781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ryan Hourigan
v
H. W. Carpentry Solutions Pty Ltd
(U2014/5141)

SENIOR DEPUTY PRESIDENT DRAKE SYDNEY, 22 AUGUST 2014

Application for relief from unfair dismissal.

[1] Mr Hourigan lodged his application pursuant to s394 of the Fair Work Act 2009 (the Act) on 28 February 2014. The application was filed within the time limit prescribed by the Act. Commissioner Deegan listed the application in Canberra on 23 April 2014 for the hearing of the two jurisdictional objections raised by H.W. Carpentry Solutions Pty Ltd. H.W. Carpentry Solutions Pty Ltd did not appear. The Commissioner relied upon the evidence of Mr Hourigan. The jurisdictional objections of H.W. Carpentry Solutions Pty Ltd were dismissed.

[2] The substantive application was listed before me in Canberra on 28 July 2014. Due to a misunderstanding Mr Hourigan did not attend. H.W. Carpentry Solutions Pty Ltd did not attend or provide any explanation for its non-attendance. Mr Hourigan was given leave to supply material by statutory declaration. He attempted to do this but supplied a statement instead. A copy of that statement has been provided to H.W. Carpentry Solutions Pty Ltd. There has been no response.

[3] I have accepted the history set out in the statement supplied by Mr Hourigan. I have considered the requirements of s387 of the Act. I have applied those requirements to the circumstances surrounding the termination of Mr Hourigan’s employment. I am satisfied that the termination of Mr Hourigan's employment was harsh, unjust or unreasonable.

[4] In relation to remedy I have considered the requirements of the Act. I am satisfied that reinstatement is inappropriate. I am satisfied that an award of compensation is appropriate. Mr Hourigan's nett weekly wage whilst in the employ of H.W. Carpentry Solutions Pty Ltd was $680. Mr Hourigan was not given any notice of the termination of his employment. It took him four weeks to find out that his employment had been terminated. He was unemployed for five weeks. In all the circumstances I consider the payment of nine weeks compensation at $850 per week, a sum of $7,650, to be an appropriate amount of compensation. I will issue an order to this effect.

SENIOR DEPUTY PRESIDENT

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