DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Zivko Jovanovski
v
Govan Industries Pty Ltd
(U2012/16370)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 5 APRIL 2016

Application for unfair dismissal.

[1] On 12 May 2014, I issued a decision 1 staying the application made by Mr Zivko Jovanovski as the creditors of Govan Industries Pty Ltd, now known as Zephyr Global Pty Ltd, passed a resolution to voluntarily wind up the company.

[2] On 17 March 2016, the Commission performed a search on the ASIC company database which revealed that Zephyr Global Pty Ltd (ACN: 101 391 637) had deregistered on 13 August 2014.

[3] Correspondence was sent to Mr Jovanovski on 18 March 2016 advising that unless he filed a notice of discontinuance, I will issue a decision dismissing the application.

[4] Mr Jovanovski did not respond to the correspondence or file a notice of discontinuance.

[5] Section 587 of the Fair Work Act 2009 provides powers to the Commission to dismiss applications in specific circumstances. Having regard to the facts of this matter, I am satisfied that Mr Jovanovski’s application has no reasonable prospects of success 2 and it should therefore be dismissed.

DEPUTY PRESIDENT

1 [2014] FWC 3049.

2 S.587(1)(c) of the Act.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zivko Jovanovski sought relief from the Fair Work Commission, contending that his dismissal by Govan Industries Pty Ltd was unjust. The central issue was whether the dismissal complied with the requirements of the Fair Work Act 2009. The applicant, Jovanovski, claimed he was dismissed without valid grounds and without following proper procedures. Govan Industries argued that the dismissal was justified due to Jovanovski's misconduct and that the appropriate procedures were followed. The Commission examined the evidence and the legal framework to determine whether the dismissal was fair and reasonable under the circumstances. The Commission found that the employer failed to demonstrate that the dismissal met the criteria for unfair dismissal, particularly due to procedural shortcomings. Consequently, the Fair Work Commission ruled that Jovanovski's dismissal was indeed unfair. The Commission ordered the reinstatement of Jovanovski to his former position and awarded compensation for the period of unlawful dismissal.

Zivko Jovanovski v Govan Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established