Mr Luca Balatti v Aussie Supplements Pty Ltd ABN: 30 135 045 082. (U2015/301) [2015] FWC 4674. Cambridge, C. 10 July 2015


The employer in this matter refused outright to cooperate with the directions of the FWC, to the extent of hanging up on a FWC representative who tried to contact the employer.


As such the FWC ran the case based on the evidence of the applicant alone.


The applicant had worked for the employer for a period of approximately 3 years. At the time of dismissal the applicant worked as a Retail Store Manager in Wollongong.


On or about 2 January 2015, the applicant received a telephone call from a Mick Smith who worked at the employer’s Canberra office. In the course of this telephone call Mr Smith alleged that the applicant was being investigated in connection with the alleged sale of illegal substances. Mr Smith then told the applicant that he was to be dismissed from his employment. Later receiving a letter h confirming the dismissal of the applicant “by cause, effective immediately.” The letter of dismissal provided no further explanation for the reason or reasons for dismissal.


The unchallenged evidence of the applicant has established that he had been dismissed from his employment in an extraordinarily abrupt manner and without proper explanation or reason being provided.

The evidence has not revealed any valid reason for the dismissal of the applicant. The uncontested evidence has established that; (a) the applicant was dismissed, and; (b) the dismissal was harsh, unjust or unreasonable.

The Commissioner found:


“Upon any analysis and particularly in the absence of a valid reason for dismissal, the applicant’s dismissal was manifestly harsh, unreasonable and unjust.


“The conduct of the employer in respect to the dismissal of the applicant and in regard to these proceedings before the Commission has been highly regrettable. The applicant’s claim for unfair dismissal has been established.”


The Commissioner decided that an amount approximating with 18.43 weeks remuneration at the ordinary weekly rate before dismissal should be Ordered as compensation to the applicant. That amount is $17,880.00.

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