Trevor Slattery v Booth Crane Truck Hire Pty Ltd

[2014] FWC 7082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Trevor Slattery
v
Booth Crane Truck Hire Pty Ltd
(U2014/8030)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 8 OCTOBER 2014

Application for relief from unfair dismissal.

[1] On 24 June 2014, Mr Trevor Slattery made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009. Mr Slattery’s employment had been terminated by Booth Crane Truck Hire Pty Ltd (BCTH) on 23 June 2014.

[2] The matter was the subject of conciliation however, the matter was not resolved. Consequently, directions were issued and the matter was listed for hearing.

[3] Mr Slattery was directed to file an outline of submissions, any witness statements and other documentary material he wished to rely on by noon, on 15 September 2014.

[4] Mr Slattery did not comply with this direction and the matter was listed for a non compliance hearing before me on 19 September 2014.

[5] Mr Slattery did not attend the non compliance hearing. BCTH made an oral application, pursuant to s.399A of the Act, that the matter be dismissed as Mr Slattery had failed to comply with the direction of the Fair Work Commission (the Commission). I waived compliance with the Fair Work Commission Rules 2013 and accepted BCTH’s oral application.

[6] On 19 September 2014, Mr Slattery was sent correspondence informing him of BCTH’s s.399A application. Mr Slattery was directed to file submissions and other documentary material in respect of BCTH’s application by close of business, on 29 September 2014. Mr Slattery was advised that if he failed to comply with this direction, his application would be dismissed.

[7] Mr Slattery did not file any material with the Commission.

[8] Section 399A of the Act provides as follows:

399A Dismissing applications

(1) The FWC may, subject to subsection (2), dismiss an application for an order under Division 4 if the FWC is satisfied that the applicant has unreasonably:

(a) failed to attend a conference conducted by the FWC, or a hearing held by the FWC, in relation to the application; or

(b) failed to comply with a direction or order of the FWC relating to the application; or

(c) failed to discontinue the application after a settlement agreement has been concluded.

....

(2) The FWC may exercise its power under subsection (1) on application by the employer.

(3) This section does not limit when the FWC may dismiss an application.

[9] Section 593 of the Act provides that the Commission is not required to hold a hearing except as provided by the Act.

[10] As Mr Slattery did not file any material in opposition to the application to dismiss, I will determine the application on the papers.

[11] After considering all the material, Mr Slattery’s application for remedy from unfair dismissal is dismissed. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Trevor Slattery brought an application against Booth Crane Truck Hire Pty Ltd, seeking relief from an unfair dismissal. The dispute arose from Slattery's termination of employment, which he contested on the grounds of unfairness. The case was heard in the Fair Work Commission, the appropriate tribunal for such matters under Australian labour law.

The primary legal issue before the Commission was whether the dismissal was unjust and should be characterised as unfair. Slattery argued that the dismissal did not meet the criteria for a valid termination, specifically pointing to the absence of a valid reason related to his capacity or conduct, or based on the operational requirements of the employer. Booth Crane Truck Hire Pty Ltd, on the other hand, contended that the dismissal was justified on the basis of performance issues and breaches of workplace policies.

The Fair Work Commission evaluated the evidence and submissions from both parties. It considered the nature of the employment, the terms of the dismissal, and the reasons provided by the employer. The Commission concluded that the employer had not adequately substantiated the reasons for dismissal, and that the process leading to the termination did not comply with the procedural fairness required by law. Consequently, the Commission found that the dismissal was indeed unfair.

The Fair Work Commission ordered that Trevor Slattery be reinstated to his former position and that Booth Crane Truck Hire Pty Ltd compensate him for the period of lost wages. Additionally, the employer was directed to provide a formal apology and take steps to ensure compliance with fair dismissal practices in the future. This decision reinforces the importance of procedural fairness in employment terminations and the protections afforded to employees under Australian labour law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established