Sunday 21st Oct, 2018

Deckhand unfairly dismissed, Commission rules

Photo: Ian Ackerman
Photo: Ian Ackerman

A DECKHAND is to receive compensation after the Fair Work Commission in Perth found he was unfairly dismissed.

William Gosling sought Fair Work Commission intervention after being dismissed by Marine Manning Services (MMS) in April 2017.

Fellow workers Dean Stewart and Kai Gracie also filed applications alleging they were unfairly dismissed, the cases being dealt with jointly.

Before the Commission, MMS (represented by Strategic Human Resources) argued the matters were cases of genuine redundancy.

The Commission heard evidence Mr Gosling began his employment with MMS on May 8, 2014.

During a meeting held on April 4, 2017, Mr Gosling was told his position was redundant. He was provided with a letter dated April 3, 2017 informing him the contract to supply a vessel would end from April 30, 2017.

Mr Gosling was sent an email on April 13, 2017, advising him the effective date of his termination was May 1, 2017 and that there were no alternative roles to which he could be redeployed.

Strategic Human Resources, acting for MMS, asserted Mr Gosling’s employing entity was Seawest International Pty Ltd not MMS however the FWC noted no evidence in support of this assertion.

Acting for Mr Gosling, the Maritime Union submitted Mr Gosling was unfairly dismissed and sought an order he be compensated two weeks’ pay being $4,737.60 gross, plus superannuation of $450.01.

In his summary, Deputy President Binet of the FWC found no misconduct by Mr Gosling contributed to the dismissal there was no evidence the Order would affect the viability of MMS.

“Mr Gosling has provided evidence that he has made reasonable efforts to mitigate the loss suffered by him because of his dismissal,” Deputy President Binet stated.

“His mitigation efforts do not provide a basis for reducing the amount to be ordered to be paid to him.”

Compensation was ordered in the amount of $4,737.60, plus superannuation of $450.01.

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