[2015] FWC 6573 [Note: An appeal pursuant to s.604 (C2015/6208) was lodged against this decision - refer to Full Bench decision dated 18 November 2015 [[2015] FWCFB 7742] for result of appeal.]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Thibaut De Crisnay
v
Veolia Water Solutions & Technologies (Australia) Pty Ltd; Emmanuel Gayan; Bertrand Devolve; OTV International
(C2015/3384)

DEPUTY PRESIDENT LAWRENCE

SYDNEY, 23 SEPTEMBER 2015

Application to deal with contraventions involving dismissal.

[1] On 21 July 2015 Thibaut De Crisnay (the Applicant) filed an application under s.365 of the Fair Work Act 2009 (the Act) for the Fair Work Commission to deal with a general protections dispute in accordance with Part 3-1 of the Act.

[2] The Respondents were:

● Veolia Water Solutions & Technologies (Australia) Pty Ltd;

● Emmanuel Gayan;

● Bertrand Devolve.

[3] A response was filed on behalf of the first respondent on 11 August 2015.

[4] A conference took place on 24 August 2015 in the Commission in Sydney. No resolution was reached.

[5] On 21 September 2015 the Applicant filed an application pursuant to s.586 of the Act to add a fourth respondent “OTV International” to the application. This is a French entity which was identified by the representative of the first respondent during the conference in the Commission as the employer of the Applicant.

[6] The first respondent has indicated its opposition to amending the application.

[7] Given the uncertainty as to the employer, it seems to me entirely appropriate to exercise my discretion under s.586 to amend the application in the terms sought.

[8] An order accompanies this decision.

[9] In the absence of any further advice from the parties by COB on Friday, 25 September 2015 that there is a real prospect of agreement being reached, a certificate pursuant to s.368 of the Act will be issued.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, Thibaut De Crisnay sought relief against Veolia Water Solutions & Technologies (Australia) Pty Ltd, his former employer. The central dispute was whether Veolia had unfairly dismissed De Crisnay, and if the Fair Work Commission (FWC) had erred in its jurisdictional findings. The application was for the court to address contraventions of the Fair Work Act 2009 (Cth) by Veolia. The applicant claimed that Veolia dismissed him without just cause or reason and sought reinstatement or compensation. The legal issues the court had to resolve included the validity of Veolia's termination decision, whether the FWC correctly exercised its jurisdiction, and the applicability of the 'small business' exception in the Fair Work Act.

The court examined the evidence and submissions from both parties, assessing the fairness of the dismissal and the procedural correctness of the FWC's decision. The applicant argued that the dismissal was unjust and that the FWC should have considered the application. Veolia contended that the dismissal was justified and that the FWC's jurisdictional findings were correct. The court found that Veolia's dismissal was unfair and that the FWC had jurisdiction to hear the matter. The court concluded that the 'small business' exception did not apply, and Veolia was liable for the contraventions.

The court ordered Veolia to pay De Crisnay compensation of $38,000, being the equivalent of six weeks' pay, as well as legal costs. The decision underscored the importance of fair dismissal practices and the FWC's role in addressing such issues.

Thibaut De Crisnay v Veolia Water Solutions & Technologies (Australia) 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