DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Tysha Robertson
v
Blondes and Brunettes
(U2017/7543)

COMMISSIONER CAMBRIDGE

SYDNEY, 21 SEPTEMBER 2017

Application for an unfair dismissal remedy.

[1] Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore, pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR596172] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission heard an application from Ms Tysha Robertson against her former employer, Blondes and Brunettes, seeking a remedy for unfair dismissal. Ms Robertson alleged that her dismissal was unjust and that she was not provided with appropriate notice or an opportunity to respond to the allegations against her. The employer, Blondes and Brunettes, contested the claim, asserting that Ms Robertson's dismissal was due to her failure to adhere to company policies and that she was provided with adequate notice and opportunity to address the issues.

The primary legal issues before the Commission were whether Ms Robertson's dismissal constituted unfair dismissal under the Fair Work Act 2009 and whether Blondes and Brunettes complied with procedural fairness in dismissing her. The Commission needed to consider the procedural fairness of the dismissal process, the adequacy of the notice provided, and the employer's compliance with the relevant legislative provisions.

In its decision, the Commission found that Ms Robertson's dismissal was indeed unfair. The employer failed to provide adequate notice and did not allow Ms Robertson an opportunity to respond to the allegations against her. Furthermore, the employer did not follow its own policies in handling the dismissal, which was a breach of procedural fairness. The Commission concluded that the employer did not act reasonably and fairly in terminating Ms Robertson's employment, leading to an order for reinstatement and compensation.

The Commission ordered that Ms Robertson be reinstated to her previous position at Blondes and Brunettes and be compensated for the period of her unjustified dismissal. The employer was also directed to provide a written apology and to review and amend its internal policies to ensure compliance with procedural fairness in future dismissals.

Tysha Robertson v Blondes and Brunettes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established