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A SACKED Sydney Trains worker has had his unfair dismissal case thrown out after the Fair Work Commission was sent a “totally irrelevant” document in an unreadable font.
The incident was the last straw for Dino De Giusti’s eight-month battle, after he was sacked as a passenger service supervisor in April this year for “alleged serious misconduct”.
Fair Work heard the dismissal followed an investigation of nine allegations — at least one of which was referred to the police — the majority concerning “alleged sexual harassment or inappropriate conduct” towards female colleagues and the public.
A Sydney Trains investigation concluded that all of the allegations were substantiated. Mr De Giusti strenuously denied the allegations, but “raised issues of a medical condition, which may have resulted in drowsiness and loss of memory”, according to the commission.
He filed an unfair dismissal application in April, seeking to have the decision overturned and his position reinstated, but failed to appear at two directions hearings in July, and that month the Rail Tram and Bus Union ditched the case.
His former employer applied several times to have the case dismissed. In October, Mr De Giusti finally appeared at a conference, where he “objected to NSW Trains being represented by a lawyer”.
Fair Work issued an order seeking submissions from both parties on the issue, with Mr De Giusti missing his deadline of October 19.
After a reminder email from Fair Work Commission deputy president Peter Sams’ chambers the following week, Mr De Giusti’s partner, Ms Nash, took up the case.
But what does it mean?Source:Supplied
“Ms Nash sent my Chambers an email at 4:50pm on 30 October, 2017 stating that the material was almost complete, but not ready to be filed,” Mr Sams said.
“Although she did not specifically explain what the cause of the delay had been, she said it was as a result of a ‘number of circumstances, situations and unexpected issues’ beyond their control. She said the submissions would be filed the following morning, Tuesday, 31 October, 2017.
“At 9:29am the following morning, Ms Nash emailed my Chambers a document with several pages of text. However, it was in an [illegible] font ‘Wingdings’.
“Once the text had been converted to a legible font, it was apparent the document was a totally irrelevant academic essay entitled, ‘The Cutting Edge: Educational Innovation, Disability Law, and Civil Rights’ by E Moore and P Grossman of the University of Colorado and United States Department of Education respectively.
“At 9:55am that morning, my Associate emailed Ms Nash asking whether that was the document she intended to file. She responded the following day at 4:13pm advising that she did not know how that material had been filed and that she would try to send the relevant material the following day.
“To date, no further material has been provided.”
On Friday, Mr Sams threw out the case. “In the present case, the applicant has demonstrated a persistent unwillingness to properly engage with the Commission in respect to his application,” he said.
“In my view, it is unfair and unreasonable that the respondent should be put to more time and cost in defending a matter which is not properly, or at all, being prosecuted by the applicant.”
This article first appeared on www.news.com.au
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