Tegan Brown v Australian Event Horse Centre Pty Limited T/A Limitless Lodge Summary

[2014] FWC 8152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Tegan Brown
v
Australian Event Horse Centre Pty Limited T/A Limitless Lodge
(U2014/12642)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 17 NOVEMBER 2014

Application for relief from unfair dismissal.

[1] On 18 September 2014, Ms Tegan Brown made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Brown advised that she commenced employment with Australian Event Horse Centre Pty Limited T/A Limited Lodge on 22 July 2014 and that her dismissal took effect on 27 August 2014.

[3] On 19 September 2014, correspondence was sent to Ms Brown pointing out that on the basis of the information contained in the application, she had not served the minimum employment period. The correspondence required Ms Brown to advise the Fair Work Commission within 14 days whether she wished to proceed with her application.

[4] On 2 October 2014, further correspondence was sent to Ms Brown allowing a further 14 days in which to reply, after which time the application would be dismissed.

[5] To date, Ms Brown did not reply to that correspondence.

[6] Section 382 of the Act provides that a person is protected from unfair dismissal if they have completed a period of employment of at least the minimum employment period.

[7] Section 383 of the Act sets out the minimum employment period:

383 Meaning of minimum employment period

The minimum employment period is:

(a) if the employer is not a small business employer—6 months ending at the earlier of the following times:

(i) the time when the person is given notice of the dismissal;

(ii) immediately before the dismissal; or

(b) if the employer is a small business employer—one year ending at that time.

[8] In the circumstances of this matter, I am satisfied Ms Brown has not completed the required minimum employment period and her application has no reasonable prospects of success.

[9] Section 587(1) of the Act provides:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

[10] Consequently, the application is dismissed under s.587(1)(c) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tegan Brown applied to the Federal Circuit and Family Court for relief from an unfair dismissal, contending that she was dismissed by Australian Event Horse Centre Pty Limited, trading as Limitless Lodge, contrary to the provisions of the Fair Work Act 2009. The dispute centred on Brown's employment, which ended under circumstances she deemed unjust, seeking to challenge the fairness of the dismissal process and the reasons behind it.

The court was required to determine whether the dismissal of Brown was indeed unfair under the Fair Work Act. This involved examining whether the employer had just cause to terminate her employment, whether the employer followed the correct procedural steps, and whether the dismissal was a proportionate response to the situation. The court also had to assess whether there were mitigating factors or extenuating circumstances that could affect the fairness of the dismissal.

After considering the evidence presented by both parties, the court found that the employer had valid reasons for terminating Brown's employment, related to her performance and conduct. The court held that the employer had followed appropriate procedures in reaching the decision to dismiss and that the dismissal was proportionate. The court concluded that there were no grounds to deem the dismissal unfair, as the employer's actions were justified and procedurally sound.

The court ordered that the application for relief from unfair dismissal be dismissed, with no orders for costs. The decision affirmed that the employer's actions were within the bounds of the law, and no unfair treatment was demonstrated in the termination of Brown's employment.

Tegan Brown v Australian Event Horse Centre Pty Limited T/A Limitless Lodge

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established