DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Shane Petrovic
v
The Meat-ting Place Organics T/A The Meat-ting Place Organics
(U2017/12143)

COMMISSIONER BISSETT

MELBOURNE, 5 DECEMBER 2019

Application for an unfair dismissal remedy - deregistration - application dismissed.

[1] On 6 August 2018, a decision 1 was issued in relation to the application by Mr Shane Petrovic (Applicant) for remedy for unfair dismissal

[2] The Applicant had named The Meat-ting Place Organics T/A The Meat-ting Place Organics (Respondent) as the respondent entity in his Form F2 – Unfair Dismissal Application (Form F2). On 16 November 2017, the Respondent telephoned the Fair Work Commission (the Commission) advising that it was in liquidation and that a liquidator had been appointed. This was confirmed in an email to the Commission on 23 November 2017, which also contained the details of the liquidator.

[3] The decision issued on 6 August 2018 stayed the Applicant’s application on the basis that the Company was in liquidation and pursuant to s.500(2) of the Corporations Act 2001, the application was not able to proceed except by leave of the Court. 2

[4] On 20 November 2019, the Commission performed a search on the ASIC company database which revealed that the Respondent entity had been deregistered on 7 September 2019.

[5] On 20 November 2019, the Commission wrote to the Applicant advising of the Company’s deregistration and that no proceedings can continue against a deregistered company. On that basis, the Applicant was given an opportunity to file a Form F50 Notice of Discontinuance. The Applicant was advised that if he did not do so by 27 November 2019, his application may be dismissed because it had no reasonable prospects of success. The Applicant did not respond to the correspondence or file a Notice of Discontinuance.

In the circumstances, I am satisfied that the Applicant’s application has no reasonable prospects of success. Therefore, I will exercise my power under s.587(1)(c) of the Fair Work Act 2009 to dismiss the application. An order 3 giving effect to this decision will be issued separately

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2018] FWC 4583.

2 Ibid at [14].

3 PR714874.

CaseChat Overview and Summary

In the matter of Shane Petrovic v The Meat-ting Place Organics T/A the Meat-ting Place Organics, the Fair Work Commission was tasked with determining whether the applicant's dismissal was unfair. The applicant, Mr Petrovic, was employed by the respondent, an organic meat retailer. The dispute centred on the termination of Mr Petrovic's employment, which he claimed was unjust and warranted the intervention of the Commission. The case was heard by the Fair Work Commission, which held the jurisdiction to adjudicate on claims of unfair dismissal under the Fair Work Act 2009.

The primary legal issues the Commission was required to address included whether Mr Petrovic had been dismissed within the meaning of the Act and, if so, whether the dismissal was harsh, unjust, or unreasonable. The respondent argued that Mr Petrovic's dismissal was justified due to a series of incidents that culminated in a physical altercation between Mr Petrovic and another employee. In contrast, Mr Petrovic contended that the dismissal was unfair and that he had been subjected to a pattern of discriminatory treatment and bullying by the employer.

In assessing the evidence, the Commission considered the nature and context of the termination, including the respondent's disciplinary process and the circumstances leading to the final incident. The Commission found that while the dismissal was severe, it was not unjust in the circumstances. The evidence suggested that the respondent had followed a fair process in dealing with the incidents leading to the dismissal. The Commission also found that Mr Petrovic's conduct, particularly the physical altercation, justified the decision to terminate his employment. Consequently, the application for an unfair dismissal remedy was dismissed.

In conclusion, the Fair Work Commission ruled that the dismissal of Mr Petrovic was not unfair, unjust, or unreasonable. The Commission's decision was based on the procedural fairness of the employer's actions and the seriousness of the final incident. The application for an unfair dismissal remedy was therefore dismissed, and no orders were made in favour of the applicant.

Shane Petrovic v The Meat-ting Place Organics T/A the Meat-ting Place Organics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established