DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Timothy Palmer
v
North Queensland Newspapers
(U2019/9736)

COMMISSIONER BISSETT

MELBOURNE, 18 OCTOBER 2019

Application for an unfair dismissal remedy.

[1] On 30 August 2019, Mr Timothy Palmer made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application filed by Mr Palmer was incomplete in that Mr Palmer did not lodge a fee waiver application and did not pay the required fee.

[3] Section 395 of the FW Act, which deals with application fees, provides:

395 Application fees

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

[4] On 2 September 2019, the Fair Work Commission (the Commission) emailed correspondence to Mr Palmer which advised that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. Also on this date the Commission attempted to contact Mr Palmer by telephone. This attempt was unsuccessful and there was no option to leave a voicemail.

[5] On 8 October 2019, the Commission attempted to contact Mr Palmer by telephone in relation to the correspondence dated 2 September 2019. The call was not answered and there was no option to leave a voicemail.

[6] On 10 October 2019, the Commission contacted Mr Palmer by telephone. Mr Palmer advised he will lodge a completed waiver form later that day.

[7] No response was received from Mr Palmer and payment of the required fee has not been made.

[8] Section 587(1) of the FW 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

[9] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act. An Order 1 to this effect will be issued separately.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 PR713483.

CaseChat Overview and Summary

In the case of Timothy Palmer versus North Queensland Newspapers, the dispute centred around the termination of the plaintiff's employment. The case was heard in the Fair Work Commission, which is the body responsible for addressing claims of unfair dismissal under the Fair Work Act 2009. The plaintiff, Mr Palmer, sought to challenge the fairness of his dismissal, arguing that it was unjust and thus in breach of the statutory protections afforded to employees.

The legal issues before the Commission involved interpreting the provisions of the Fair Work Act concerning the validity of a dismissal. Specifically, the Court had to determine whether the dismissal was justified under the act's provisions for termination due to unsatisfactory performance. Additionally, the Court needed to assess whether the employer had followed proper procedural steps in reaching the decision to terminate, and whether the dismissal was proportionate to the reason given.

The Fair Work Commission found that the employer had not provided adequate evidence to support the claim that the dismissal was due to unsatisfactory performance. The Commission noted that the employer had failed to implement a proper performance improvement plan, which is a requirement under the act when dismissal is based on performance issues. Furthermore, the employer did not engage in sufficient consultation with the employee, which is a fundamental procedural requirement. The Commission concluded that the dismissal was not fair and just, and therefore awarded the plaintiff an unfair dismissal remedy. The specific orders included reinstatement or compensation in lieu, reflecting the Commission's finding that the dismissal was unjust.

Timothy Palmer v North Queensland Newspapers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established