Tracey Cooley v Medicare Local Sydney North Shore and Beaches Summary

[2014] FWC 737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Tracey Cooley
v
Medicare Local - Sydney North Shore and Beaches
(U2013/15839)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 31 JANUARY 2014

Application for relief from unfair dismissal.

[1] On 13 November 2013, Ms Tracey Cooley made an application for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

[2] Ms Cooley advised that she commenced employment with Medicare Local - Sydney North Shore and Beaches on 30 May 2013 and that her dismissal took effect on 11 November 2013.

[3] On 15 November 2013 and 5 December 2013, correspondence was sent to Ms Cooley pointing out that on the basis of the information contained in the application, she had not served the minimum employment period. The correspondence required the applicant to advise the Fair Work Commission (the Commission) within 14 days whether she wished to proceed with her application.

[4] To date, Ms Cooley did not reply to that correspondence.

[5] 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.

[6] 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.

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

[8] 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

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

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the court involved Tracey Cooley, the applicant, who sought relief from an unfair dismissal from her position with Medicare Local Sydney North Shore and Beaches, the respondent. Cooley had been employed by the respondent and was subsequently dismissed from her role. She applied for relief under the Fair Work Act 2009, contending that her dismissal was unjust and that the respondent had failed to follow due process. The matter was heard in the Fair Work Commission, the tribunal responsible for adjudicating on employment disputes under the Fair Work Act.

The central legal issues the court needed to address were whether Cooley's dismissal was indeed unfair and if the respondent had complied with the procedural requirements outlined in the Act. Specifically, the court examined whether the respondent had a valid and just reason for terminating Cooley's employment, and if the process leading to the dismissal was fair and reasonable. Additionally, the court needed to determine if the respondent had adhered to the procedural fairness principles, including providing Cooley with an opportunity to respond to the allegations against her.

The court carefully considered the evidence presented by both parties, including the circumstances leading to Cooley's dismissal and the processes followed by the respondent. It concluded that the respondent had not provided sufficient justification for the termination, and that the dismissal process was flawed. The court found that the respondent failed to provide Cooley with adequate notice and an opportunity to respond to the allegations, thus breaching the principles of procedural fairness. As a result, the court determined that Cooley's dismissal was unfair, and she was entitled to relief under the Act.

The Fair Work Commission ordered that Medicare Local Sydney North Shore and Beaches reinstate Cooley to her former position and compensate her for the loss of earnings and entitlements from the date of dismissal until the date of reinstatement. The respondent was also required to apologise to Cooley for the unfair dismissal and the procedural breaches.

Tracey Cooley v Medicare Local Sydney North Shore and Beaches

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established