Thomas Walton v Meso Solutions Pty Ltd

[2024] FWC 938

[2024] FWC 938

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Thomas Walton
v

Meso Solutions Pty Ltd

(U2024/1234)

DEPUTY PRESIDENT ROBERTS SYDNEY, 11 APRIL 2024

Application for an unfair dismissal remedy

1. The Applicant, Mr. Thomas Walton has applied for a remedy under Part 3-2 of the Fair Work Act 2009 alleging that he has been unfairly dismissed by his former employer, Meso Solutions Pty Ltd (Respondent). The application said that the Applicant was unfairly dismissed on 22 January 2024.

1. The Respondent objected to the application on the basis that the Applicant was not dismissed within the meaning of that term in s.386 of the Act. They said that the Applicant left his employment of his own accord. No other jurisdictional objections were taken.

1. Directions were made for the filing of material to deal with the Respondent’s objection and the merits of the application. Brief written material was provided by both parties.

1. The matter was listed for hearing in person on 11 April 2024. The Applicant did not appear at the hearing.

1. The Respondent tendered evidence at the hearing in support of their objection. That evidence included an exchange of emails between the parties in January 2024.

1. On the basis of the evidence provided by the Respondent, I am not satisfied that the Applicant was dismissed by the Respondent. I uphold the Respondent’s objection.

1. The application for an unfair dismissal remedy is dismissed.

DEPUTY PRESIDENT

Appearances:

Applicant did not appear.
Mr De Araugo for the Respondent.

Hearing details:

In-person in Sydney at 2:00pm AEST on Thursday, 11 April 2024.

Printed by authority of the Commonwealth Government Printer

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