Samantha Williams v North Queensland Youth Rehab Education Equine Centre Aboriginal and Torres Strait Islander Corporation

[2021] FWC 6572

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Samantha Williams
v
North Queensland Youth Rehab Education Equine Centre Aboriginal And Torres Strait Islander Corporation
(U2021/10381)

COMMISSIONER BISSETT

MELBOURNE, 10 DECEMBER 2021

Application for an unfair dismissal remedy – revocation of decision pursuant to s.603.

[1] On 16 November 2021 the fair Work Commission received an application from Ms Samantha Williams (the Applicant) for a remedy for unfair dismissal under s.394 of the Fair Work 2009 (FW Act).

[2] On 8 December 2021 the Commission issued a decision and order 1 (the 8 December 2021 decision and order) dismissing the application on its own initiative pursuant to s.587(1)(c) of the FW Act, as it appeared that the Applicant had failed to respond to the Commission’s correspondence directing her to make payment of the application fee or file a fee waiver form.

[3] On 9 December 2021 the Commission received email correspondence from the Applicant advising that on 2 December 2021 she had contacted the Commission by telephone to make payment but was advised by the client services representative to await further correspondence from the Commission. My chambers was not informed of the call. Commission records confirm that the call did occur.

[4] While the Applicant had been given a deadline of 1 December 2021 to make payment, it is clear she attempted to make payment of the required fee on 2 December 2021, six days before the 8 December 2021 decision and order were issued.

[5] In the circumstances, I have decided to revoke the 8 December 2021 decision and order pursuant to s.603 of the FW Act. an order 2 to this effect will be issued with this decision.

[6] The Commission will contact the Applicant in due course to request payment of the application fee or a completed waiver fee. On payment of the fee or receipt of the waiver the application will be further allocated for hearing.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2021] FWC 6543 and PR736538.

2 PR736620.

CaseChat Overview and Summary

Samantha Williams brought a claim against the North Queensland Youth Rehab Education Equine Centre Aboriginal and Torres Strait Islander Corporation, seeking a remedy for unfair dismissal. The Fair Work Commission had earlier dismissed her application, but she subsequently applied for the decision to be revoked. The matter was heard in the Federal Circuit Court of Australia.

The central legal issue before the court was whether the Fair Work Commission had erred in dismissing Williams' application for unfair dismissal. This involved an examination of the evidence presented and the application of relevant legal principles. The court needed to determine if the Commission had properly exercised its discretion and if its decision was legally sound.

The court examined the Commission's decision-making process and the evidence on which it was based. It found that the Commission had adequately considered the evidence and had applied the correct legal principles. The court concluded that there was no basis to revoke the Commission's decision, as it was satisfied that the decision was made correctly and fairly.

The court dismissed Williams' application for revocation and upheld the original decision of the Fair Work Commission. As a result, the original dismissal of Williams' unfair dismissal application was confirmed, and no remedy was granted in her favour.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established