DECISION

Fair Work Act 2009
s.604—Appeal of decision

Rebecca Fitzgerald
v
TLB Assistance Pty Ltd
(C2020/7907)

Appeal against decision [2020] FWC 5308 of Deputy President Lake at Brisbane on 4 October 2020 in matter number U2020/5672.

[1] By a notice of appeal lodged on 23 October 2020, Ms Rebecca Fitzgerald applies for permission to appeal and if granted appeals a decision of Deputy President Lake 1 wherein the Deputy President concluded that the summary dismissal by TLB Assistance Pty Ltd of Ms Fitzgerald on 6 April 2020 was consistent with the Small Business Fair Dismissal Code.2 The Deputy President therefore dismissed Ms Fitzgerald’s unfair dismissal remedy application.3

[2] We heard the application for permission to appeal and the appeal on 3 December 2020. At the conclusion of the hearing the parties conferred and later that day concluded a settlement, a term of which would result in TLB Assistance Pty Ltd consenting to an order being made to the effect that permission to appeal be granted, the appeal be upheld and the decision appealed against quashed. Written terms giving effect to the settlement have since been executed.

[3] We consider that it is appropriate that we make the order for which the terms of settlement provide. The consent order aligns with the conclusion that we would otherwise have reached but for the settlement. It is unnecessary to make any order for the further conduct of Ms Fitzgerald’s unfair dismissal remedy application as the settlement resolves that application.

[4] We congratulate the parties on their settlement not least because it avoids further cost, delay and uncertainty borne of a continuation of the proceeding and the unnecessary anxiety which would otherwise have been visited on the parties and in particular on the Respondent’s director.

[5] We will make the order sought by Ms Fitzgerald and to which TLB Assistance Pty Ltd consents.
Order

[6] By consent, we order that:

A. Permission to appeal is granted.

B. The appeal is upheld.

C. The Decision ([2020] FWC 5308) (PR723299) of Deputy President Lake be quashed.

DEPUTY PRESIDENT

Appearances:

G Shepherd of counsel for the Appellant
T Kent on behalf of the Respondent

Hearing details:

2020
Melbourne, Sydney and Queensland (via video)
3 December

Final written submissions:

Appellant, 12 November 2020
Respondent, 30 November 2020

Printed by authority of the Commonwealth Government Printer

<PR725170>

 1   Fitzgerald v TLB Assistance Pty Ltd [2020] FWC 5308

 2   Ibid at [45]-[46]

 3   Ibid at [46]