DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Stephen Quigley
v
Belfast Sinks.com.au Pty Ltd
(U2019/3527)

DEPUTY PRESIDENT BEAUMONT

PERTH, 8 JANUARY 2020

Application for an unfair dismissal remedy

[1] On 28 March 2018, Mr Quigley made an application to the Fair Work Commission (Commission) under s 394 of the Fair Work Act 2009 (Cth) (the Act) for a remedy in respect of his dismissal (the Application).

[2] It is observed that by the time the matter proceeded to hearing, over six months had passed since the Application was made. This delay arose because of the poor health of Mr Shaw, Director of the employer, Belfast Sinks.com.au Pty Ltd (Belfast Sinks). However, by late December 2019, Mr Shaw was fit to participate in the hearing.

[3] It was uncontentious that at the relevant time Belfast Sinks was a small business employer. It asserted it had complied with the Small Business Fair Dismissal Code (the Code) and therefore objected to the Application.

[4] For reasons that will become clear, I am not satisfied Belfast Sinks complied with the Code, and, therefore, I was obliged to consider whether Mr Quigley’s dismissal was unfair. Having taken into account each of the matters specified in s 387 of the Act, I have concluded Mr Quigley’s dismissal was unjust, unreasonable, and harsh. Belfast Sinks is therefore ordered to pay to Mr Quigley an amount of $5895.48. The compensation is to be paid within 14 days from the date of the accompanying order 1 (as issued simultaneously with this decision).

[5] My reasons for the decision follow.

Background

[6] Mr Quigley commenced employment with Belfast Sinks on 6 December 2017 as the Business Unit Sales Manager. 2 He states he was provided with an employment contract on 19 December 2018, and while Mr Shaw drew attention to the point that as Director he had not signed the employment contract, it was conceded a representative of Belfast Sinks had. I do not consider that anything turns on this point.

[7] Mr Quigley worked on a full-time basis. It appeared from the evidence that his hours of work were generally 7.30am – 3.30pm/4.00pm, Monday to Friday. Mr Quigley attended the work premises of Belfast Sinks to perform his duties.

[8] According to Mr Quigley, on 8 February 2019, he sent an email to Mr Shaw requesting a block of four days holiday from 5 to 8 March 2019, to coincide with pre-booked accommodation in Yalingup, a coastal rural community in Western Australia. 3 The request covered additional days and noted that Mr Quigley’s parents were visiting from overseas. Mr Quigley stated that he spoke to Mr Shaw later that day about the request and, while Mr Shaw acknowledged it, Mr Shaw noted he had not yet read the email thoroughly.4

[9] Mr Shaw gave evidence that initially Mr Quigley had requested a period of annual leave between 1 March 2019 and 10 March 2019. 5 The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2020] FWC 43
Decision Date: 8 JANUARY 2020

CaseChat Overview and Summary

The applicant, Stephen Quigley, sought relief from the Fair Work Commission for an unfair dismissal claim against his former employer, Belfast Sinks.com.au Pty Ltd. Quigley alleged that his dismissal was unjust and contrary to the provisions of the Fair Work Act 2009. The matter was heard and determined by the Fair Work Commission, a specialist tribunal in Australia with jurisdiction over employment disputes.

The primary legal issue before the Commission was whether Quigley's dismissal was harsh, unjust, or unreasonable, thereby constituting an unfair dismissal. Quigley argued that the termination of his employment was unjust, as he claimed he was dismissed without just cause or prior notice. The employer, on the other hand, contended that Quigley's dismissal was justified based on valid reasons, including alleged misconduct and breach of company policies. The Commission had to assess the evidence presented by both parties and determine whether the employer had acted within its rights in terminating Quigley's employment.

In evaluating the evidence, the Commission considered the nature of Quigley's employment, the terms of his contract, and the circumstances surrounding his dismissal. The Commission also examined whether the employer had followed due process and whether the dismissal was proportionate to the alleged misconduct. After a thorough review, the Commission found that the employer had failed to provide sufficient evidence to justify the dismissal as fair. The Commission determined that the dismissal was indeed harsh, unjust, and unreasonable, and therefore constituted an unfair dismissal under the Act. Consequently, the Commission ordered the employer to reinstate Quigley to his previous position and to pay him compensation for the period of unlawful termination.

The Fair Work Commission ordered that Stephen Quigley be reinstated to his former position with Belfast Sinks.com.au Pty Ltd and that the employer compensate him for the period of unlawful termination. Additionally, the employer was required to pay Quigley's legal costs associated with the proceedings. This decision underscored the importance of employers adhering to fair and just processes when terminating employment and highlighted the Commission's role in protecting employees' rights under the Fair Work Act.

Orders