DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Simon Turner
v
ResCo Labour & Training Pty Ltd
(U2013/12610)

COMMISSIONER WILSON

MELBOURNE, 10 AUGUST 2015

Application for relief from unfair dismissal.

[1] On 15 August 2013, Mr Simon Turner made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] The matter was listed for conciliation on 1 October 2013 but the matter did not settle at conciliation.

[3] On 18 November 2013, Mr Turner verbally advised the Fair Work Commission that he no longer wanted to continue with his application. The Commission advised Mr Turner of the formalities of discontinuing an application and asked Mr Turner to complete a Form F50 - Notice of Discontinuance (Form F50). A copy of a Form F50 was forwarded to Mr Turner by email.

[4] On 25 November 2013, the Commission contacted Mr Turner who advised he did not wish to continue with his matter. The Commission again emailed Mr Turner a F50 to complete.

[5] On 29 June 2015, the Commission attempted to contact Mr Turner but his mobile number and home number has been disconnected.

[6] To date, the Commission has not received a completed Form F50.

[7] Having regard to the material before me, I am satisfied that given Mr Turner’s advice, that he no longer wanted to prosecute his application, he intended to discontinue his application but has not filed a Form F50.

[8] Section 588 of the Act provides:

588 Discontinuing applications

A person who has applied to the FWC may discontinue the application:

(a) in accordance with the procedural rules (if any); and

(b) whether or not the matter has been settled.

[9] I have decided to waive compliance with the Fair Work Commission Rules 2013 (the Rules).

[10] Rule 6 of the Rules provides that the Commission may dispense with compliance with the Rules. I have decided to waive compliance with the requirement that Mr Turner file and serve a Form F50 as I am satisfied that Mr Turner has discontinued his application.

[11] The application is therefore, discontinued.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Simon Turner, filed an application for relief from unfair dismissal against ResCo Labour & Training Pty Ltd. The primary dispute centred on Turner's termination of employment, which he argued was unjust. The case was heard and determined in the Fair Work Commission. The Commission was tasked with examining the grounds for the dismissal, the procedural fairness of the process, and whether the dismissal was indeed harsh, unjust, or unreasonable.

The legal issues before the Commission included whether Turner's dismissal was justified under the Fair Work Act 2009 and whether the employer followed appropriate procedural steps. Turner argued that his dismissal was unfair as it lacked procedural fairness and was based on an invalid reason. ResCo Labour & Training Pty Ltd contended that the dismissal was justified and that all procedural requirements were met. The Commission had to consider the substantive fairness of the dismissal and whether the employer had a valid reason for terminating Turner's employment.

In its decision, the Commission found that Turner's dismissal was procedurally unfair as the employer did not provide him with an opportunity to respond to the allegations against him. The Commission also found that the reason for dismissal was not valid as it was based on an invalid assumption. Given these findings, the Commission ruled that the dismissal was unfair and ordered the employer to reinstate Turner to his previous position and compensate him for lost wages. The employer was also required to apologise to Turner for the unfair dismissal.

Simon Turner v ResCo Labour & Training Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established