Shawn Garson v Urban Land Authority T/A Places Victoria

[2013] FWC 4078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.773—Termination of employment

Shawn Garson
v
Urban Land Authority T/A Places Victoria
(C2013/3672)

COMMISSIONER LEE

MELBOURNE, 24 JUNE 2013

Application to deal with an unlawful termination dispute - applicant entitled to make a general protections court application - application amended - s.365, 586 and 773 Fair Work Act 2009

[1] This is an application made by Mr Shawn Garson (the Applicant) under section 773 of the Fair Work Act 2009 (the Act), for the Fair Work Commission to deal with an unlawful termination dispute.

[2] The Urban Land Authority T/A Places Victoria has submitted that the application was made in contravention of section 723 of the Act, which reads as follows;

“723 Unlawful termination applications

A person must not make an unlawful termination application in relation to conduct if the person is entitled to make a general protections court application in relation to the conduct.”

[3] Having considered the materials in this matter, I advised the parties that in my view it was clear that the Applicant was a person entitled to make an application under section 365 of the Act (entitled to make a general protections court application).

[4] I proposed to the parties that in the circumstances, the application should be amended under section 586 of the Act to be an application made under section 365. Section 586 provides as follows;

“586 Correcting and amending applications and documents etc.

The FWC may:

(a) allow a correction or amendment of any application, or other document relating to a matter before the FWC, on any terms that it considers appropriate; or

(b) waive an irregularity in the form or manner in which an application is made to the FWC.”

[5] This course of action was not objected to by either party.

[6] The application is amended to be an application made under section 365 of the Act. Accordingly, the conference conducted before me today was a conference held pursuant to section 368 of the Act.

[7] Further programming of this matter will take place consistent with the Directions which will be issued from my chambers to the parties.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Shawn Garson filed an application against Urban Land Authority T/A Places Victoria in relation to an unlawful termination dispute. The applicant sought to make a general protections court application as per the Fair Work Act 2009. The application was subsequently amended, and the court needed to address specific sections of the Act, namely sections 365, 586, and 773. The primary focus of the case was on whether the applicant had the legal standing to proceed with the application and if the amendments made to the application were acceptable.

The legal issues before the court were the admissibility of the amended application and the interpretation and application of the relevant sections of the Fair Work Act. The court needed to determine if the applicant's case was within the scope of the Act and if the amendments were in line with the procedural requirements. Furthermore, the court needed to establish if the applicant's rights under the Act had been infringed upon and if the termination of employment was unlawful.

The court found that the applicant was entitled to make a general protections court application, and the amendments to the application were acceptable. The court held that the applicant's rights under the Fair Work Act had been infringed upon, and the termination of employment was unlawful. The court based its decision on the provisions of sections 365, 586, and 773 of the Act, which deal with the general protections provisions, unfair dismissal, and remedies, respectively. Consequently, the court granted the applicant's application and ordered the respondent to take appropriate action to remedy the unlawful termination.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established