Susan Retter v WA Council on Addiction Inc T/A Cyrenian House

In the Fair Work Commission, Susan Retter, an employee, sought to have her dismissal by WA Council on Addiction Inc T/A Cyrenian House (the Respondent) declared unfair. The Applicant's employment was terminated in respect of two roles: part-time support worker and casual night weekend supervisor. The Applicant's employment contract and the individual flexible agreement (IFA) for the casual position outlined her duties and responsibilities and required adherence to the Respondent's Code of Conduct, policies, and procedures. The Applicant's dismissal was contested on the grounds that it was unfair, contrary to the Fair Work Act 2009 (Cth) (the Act).

The central legal issue was whether the Applicant's dismissal was unfair under the Act. Specifically, the court needed to determine if the dismissal of the Applicant from her part-time support worker role was a genuine redundancy as defined by section 389(1) of the Act, and whether the dismissal of the Applicant from her casual night weekend supervisor role was harsh, unjust, or unreasonable. The Respondent argued that the dismissal was justified due to operational issues at the low medical withdrawal unit (NWU) where the Applicant was employed, and the need to reduce the workforce to address these issues.

The Commission found that the dismissal of the Applicant from her part-time support worker position was a genuine redundancy under section 389(1) of the Act, as the position no longer existed due to operational changes and not because of the Applicant's performance or conduct. The court also concluded that the dismissal of the Applicant from her casual night weekend supervisor position was not harsh, unjust, or unreasonable, as it was based on legitimate operational reasons. Therefore, the Applicant's application for unfair dismissal was dismissed.

The Commission issued an order dismissing the Applicant's application for unfair dismissal and mandated a confidentiality order regarding certain information to maintain privacy and confidentiality, as required under section 594(1)(c) of the Act.