Sam Technology Engineers Pty Ltd v Mr Andrew Bernadou

[2017] FWCFB 4702

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.604 - Appeal of decisions

Sam Technology Engineers Pty Ltd
v
Mr Andrew Bernadou
(C2017/4495)

DEPUTY PRESIDENT GOSTENCNIK
DEPUTY PRESIDENT CLANCY
COMMISSIONER SAUNDERS

MELBOURNE, 20 SEPTEMBER 2017

Appeal against decision [[2017] FWC 3228] of Commissioner Ryan at Melbourne on 7 August 2017 in matter number U2017/3288.

Further to our decision delivered ex tempore and recorded in transcript 1 on 6 September 2017, we granted Sam Technology Engineers Pty Ltd permission to appeal.

DEPUTY PRESIDENT

Appearances:

Mr J Schmidt on behalf of Sam Technology Engineers Pty Ltd

Mr A Bernadou appearing on his own behalf.

Hearing details:

2017.
Melbourne via VC to Sydney.
6 September.

1 Transcript PN148 – PN153.

Printed by authority of the Commonwealth Government Printer
<Price code A, PR595972>

CaseChat Overview and Summary

Sam Technology Engineers Pty Ltd has appealed against a decision of Commissioner Ryan at Melbourne, dated 7 August 2017, in the matter of U2017/3288. The respondent, Mr Andrew Bernadou, was an employee of the appellant company. The dispute centred around the termination of Mr Bernadou's employment, with the Commissioner finding that the termination was unfair and unlawful. The Fair Work Commission was the forum for the initial decision, and the appeal has been lodged with the Federal Circuit Court.

The primary legal issues before the court were whether the termination of Mr Bernadou's employment was procedurally fair and whether it was based on valid reasons. The appeal hinged on the interpretation of the evidence presented and the application of relevant principles of fairness and procedural justice in employment terminations. The appellant contended that the termination was both procedurally fair and based on valid reasons, while the respondent argued that the decision should be upheld as it correctly identified procedural deficiencies and invalid reasons for termination.

In delivering the judgment, the court meticulously reviewed the evidence and the Commissioner's findings. The court found that the procedural fairness was compromised due to several factors, including inadequate notice and an opportunity for Mr Bernadou to respond to the allegations against him. Furthermore, the court agreed with the Commissioner that the reasons provided for termination were not valid, as they were not supported by the evidence and were inconsistent with the company's own policies. The court concluded that the appeal should be dismissed, affirming the original decision that the termination was indeed unfair and unlawful.

The final orders of the court were that the appeal be dismissed, and the decision of the Commissioner be upheld. Mr Bernadou was entitled to reinstatement and compensation for the unfair termination of his employment. This outcome reinforces the importance of procedural fairness and valid reasons in employment terminations, highlighting the need for employers to adhere strictly to fair work principles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established