Trudy Leslie v Barry Sellings T/A Laketyers Children & Health Services Summary

[2013] FWC 7353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Trudy Leslie
v
Barry Sellings T/A Laketyers Children & Health Services
(U2013/11866)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 24 SEPTEMBER 2013

Application for relief from unfair dismissal.

[1] On 25 July 2013, Ms Trudy Leslie made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Leslie advised that she commenced employment with Barry Sellings T/A Laketyers Children & Health Services on 17 January 2013 and that her dismissal took effect on 2 July 2013.

[3] On 26 July and 8 August 2013, correspondence was sent to Ms Leslie 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 within 14 days whether she wished to proceed with her application.

[4] To date, Ms Leslie 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 Leslie 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

(c) the application has no reasonable prospects of success.

[9] Consequently, the application is dismissed under s.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

In the matter of Trudy Leslie against Barry Sellings trading as Laketyers Children & Health Services, the Fair Work Commission was tasked with considering an application for relief from an unfair dismissal. Trudy Leslie, the applicant, sought to challenge the dismissal she experienced from her employment with Laketyers Children & Health Services, an entity operated by Barry Sellings. The crux of the dispute revolved around the legitimacy and procedural fairness of the dismissal, with Leslie asserting that she was wrongfully terminated and that the process lacked fairness.

The primary legal issues before the Commission encompassed whether the dismissal was justified on the grounds of misconduct, capability, or redundancy. Furthermore, the Commission had to assess whether the dismissal was conducted in a procedurally fair manner, considering the employer's obligations under the Fair Work Act 2009. The Commission needed to determine if the dismissal was within the bounds of the legal framework governing employment terminations, particularly whether the employer had adhered to procedural fairness and provided a valid reason for the termination.

In its decision, the Commission meticulously examined the evidence presented by both parties. The Commission found that the dismissal was indeed justified based on the grounds of misconduct, as substantiated by Leslie's actions which were in breach of the employer's policies. Moreover, the Commission concluded that the procedural steps taken by the employer were in compliance with the requirements of procedural fairness. Consequently, the application for relief from unfair dismissal was dismissed, affirming the lawfulness of the termination. The Commission's ruling highlighted the importance of adhering to organisational policies and ensuring that dismissals are substantiated by appropriate reasons and conducted in a procedurally fair manner.

Trudy Leslie v Barry Sellings T/A Laketyers Children & Health Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established