Sample: Form F8A – Response To General Protections Application – Employment Law Adviser
SAMPLE: F8A FORM – RESPONSE TO GENERAL PROTECTIONS APPLICATION
Source: Fair Work Commission www.fwc.gov.au/about-us/resources/forms
Applicable legislation: Fair Work Act 2009, ss 365 and 372; Fair Work Commission Rules 2013,
rules 21, 23, 46 and Schedule 1.
Application: This is a response to an application for the Fair Work Commission to deal with a
general protections dispute in accordance with Part 3-1 of the Fair Work Act 2009.
The Applicant
These are the details of the person who made the application. You can find this information
on the application Form F8 or F8C.
First name(s)
Andrew
Surname
Zappa
FWC matter number
#/2015
The Respondent
These are the details of the person or organisation responding to the application.
Legal name of business
Be-Be-Beautiful Salon Pty Ltd
Trading name of business
As above
ABN/ACN
## ### ### ###
Contact person
Ruth Revlon
Postal address
123 Toorak Road
Suburb
Toorak
State or territory
VIC
Postcode
Phone number
03 9888 9999
Fax number
Email address
ruth.revlon@bebebeautiful.com.au
3142
Source: Fair Work Commission www.fwc.gov.au/about-us/resources/forms
This document does not constitute legal advice. It is intended as a starting point to help you develop a document
appropriate to your individual situation and will need to be tailored to your specific circumstances in light of any applicable
laws that apply in your jurisdiction. You should seek professional advice about the necessary amendments. If you require
specific legal advice, please contact the Editor-in-Chief of this publication or your own legal advisers. © 2015 Portner Press
Pty Ltd
1
Sample: Form F8A – Response To General Protections Application – Employment Law Adviser
What industry is the
Respondent in?
Hair and Beauty
How would you prefer us to communicate with you?
[X] Email (you will need to make sure you check your email account regularly)
[ ] Post
Does the Respondent need an interpreter?
If the Respondent requires an interpreter (other than a friend or family member) in order to
participate in conciliation, conference or hearing, the Fair Work Commission will provide an
interpreter at no cost.
[ ] Yes—Specify language
[X] No
Does the Respondent require any special assistance at the hearing or conference, (e.g. a hearing
loop)?
[ ] Yes—Please specify the assistance required
[X] No
Does the Respondent have a representative?
A representative is a person or business who is representing the Respondent. This might be a
lawyer, a representative from a union or employer organisation, or a family member who will
speak on behalf of the Respondent. There is no requirement to have a representative.
[X] Yes—Provide representative’s details below
[ ] No
Respondent’s representative
These are the details of the person or business who is representing the Respondent.
Name of person
Anthony Lawyer
Organisation
AAA Lawyers
Postal address
1 Collins Street
Suburb
Melbourne
This document does not constitute legal advice. It is intended as a starting point to help you develop a document
appropriate to your individual situation and will need to be tailored to your specific circumstances in light of any applicable
laws that apply in your jurisdiction. You should seek professional advice about the necessary amendments. If you require
specific legal advice, please contact the Editor-in-Chief of this publication or your own legal advisers. © 2015 Portner Press
Pty Ltd
2
Sample: Form F8A – Response To General Protections Application – Employment Law Adviser
State or territory
Victoria
Postcode
Phone number
03 9812 3456
Fax number
Email address
a.lawyer@aaalawyers.com.au
3000
How many employees (if any) does the Respondent have?
5
1. APPLICATION
1.1
Which form are you responding to?
You are using this form because you have been served either a Form F8—General Protections
Dismissal Application, or a Form F8C—General Protections Application not involving
dismissal.
[X] Form F8—General Protections Application Involving Dismissal—Go to question 2.
[ ] Form F8C—General Protections Application Not Involving Dismissal—Go to question 3.
2. GENERAL PROTECTIONS DISMISSAL APPLICATION
2.1
Do you agree with the information given in question 1 (if answered) on the Applicant’s Form
F8?
[ ] Yes—Go to question 4.
[X] No—Go to question 2.2.
2.2
If you answered no to question 2.1—What is your response?
Using numbered paragraphs, specify the reasons why you don’t agree with the information
provided by the Applicant in question 1 of their application.
The Respondent disagrees with the Applicant’s response to question 1.3 – the
reasons provided by the Respondent for dismissal. Please refer to the Respondent’s
response to question 5.
Go to question 4.
3. GENERAL PROTECTIONS APPLICATION NOT INVOLVING DISMISSAL
3.1 If you answered you are responding to a Form F8C, do you agree to participate in a
conference convened by the Commission?
This document does not constitute legal advice. It is intended as a starting point to help you develop a document
appropriate to your individual situation and will need to be tailored to your specific circumstances in light of any applicable
laws that apply in your jurisdiction. You should seek professional advice about the necessary amendments. If you require
specific legal advice, please contact the Editor-in-Chief of this publication or your own legal advisers. © 2015 Portner Press
Pty Ltd
3
Sample: Form F8A – Response To General Protections Application – Employment Law Adviser
The Commission is required to conduct a conference to deal with an application lodged under
section 372 of the Fair Work Act 2009 if both parties to the dispute agree.
See section 374 of the Fair Work Act 2009.
[ ] Yes
[ ] No
Go to question 4.
4. REMEDY
4.1
What is your response to the remedy the Applicant is seeking?
The Respondent denies the Applicant’s allegations and as a consequence disagrees
with the remedy sought by the Applicant.
5. ALLEGED CONTRAVENTION
5.1
What is your response to the alleged contravention(s) set out in question 3 of the
application?
This document does not constitute legal advice. It is intended as a starting point to help you develop a document
appropriate to your individual situation and will need to be tailored to your specific circumstances in light of any applicable
laws that apply in your jurisdiction. You should seek professional advice about the necessary amendments. If you require
specific legal advice, please contact the Editor-in-Chief of this publication or your own legal advisers. © 2015 Portner Press
Pty Ltd
4
Sample: Form F8A – Response To General Protections Application – Employment Law Adviser
Using numbered paragraphs, set out your response to the Applicant’s allegations about the
actions that led them to make their application. You may wish to respond to whether the
alleged actions outlined in question 3.1 of their application have contravened the relevant
sections of Divisions 3–6 of Part 3–1 identified in question 3.2 of their application.
THE PARTIES
The Applicant, Andrew Zappa, was employed by Be-Be-Beautiful Salon Pty
Ltd (the Respondent) on 14 August 2014, as a part-time beauty therapist.
The Applicant’s employment came to an end on Friday 6 February 2015.
The Respondent is a small business employer that is owned and operated by
Ms Ruth Revlon. It has been in operation since 1 July 2010.
The Applicant was one of only five employees in the Respondent’s business,
including Ms Revlon who works full time, two other part-time staff and two
casuals. The Applicant was the only male staff member.
Ms Revlon has over 30 years’ experience in the beauty industry.
THE APPLICANT’S EMPLOYMENT
The Respondent’s operating hours are from 12.00pm – 9.00pm Wednesday
to Friday, and from 8.00am – 1.00pm on Saturdays.
The Applicant was employed on a part-time basis. On average the Applicant
would work 20 hours per week, working a 5-hour shift every day
(Wednesday to Saturday).
The Applicant was paid an hourly rate in accordance with the Hair and Beauty
Industry Award 2010.
ALLEGATIONS OF DISCRIMINATION
The Respondent denies that it discriminated against the Applicant in any way.
While the Applicant was the only male employee with the Respondent, Ms
Revlon denies that this in any way resulted in any unfavourable treatment
of the Applicant. The Respondent was pleased that it had been able to
retain a male beauty therapist as the Applicant complemented the
This document does not constitute legal advice. It is intended as a starting point to help you develop a document
appropriate to your individual situation and will need to be tailored to your specific circumstances in light of any applicable
laws that apply in your jurisdiction. You should seek professional advice about the necessary amendments. If you require
specific legal advice, please contact the Editor-in-Chief of this publication or your own legal advisers. © 2015 Portner Press
Pty Ltd
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Sample: Form F8A – Response To General Protections Application – Employment Law Adviser
Respondent’s offering.
Ms Revlon denies the Applicant’s allegations that he was discriminated against
on the basis of his gender.
At no time throughout the Applicant’s employment was he told that he “did
not fit because [he was] a man”, or that his abilities were in any way
inferior to those of a woman.
Ms Revlon considers herself to be amiable, non-confrontational and an
approachable manager.
As an owner and manager, Ms Revlon’s role is to run the Respondent’s
business in an effective manner by ensuring the quality of its services and by
assisting and mentoring her staff as needed.
To this end, Ms Revlon would at times monitor the Applicant’s performance
and assist by providing tips and other advice to the Applicant where
necessary.
Ms Revlon would therefore at times stand near the Applicant as he attended
to clients. However, she did so to provide advice and assistance when asked
to do so, not to criticise the Applicant because of his gender, as he has
alleged.
DETERIORATING PERFORMANCE
From early November 2014, the Applicant’s performance began to steadily
deteriorate.
Ms Revlon was forced to raise her concerns with the Applicant
on a number of occasions during November and December last year.
The Applicant’s poor performance and conduct included:
(a) failing to clean up after completing a treatment;
(b) failing to return lids to products, meaning that on several occasions
product had to be thrown away due to over-exposure to air;
(c) providing incorrect price information to customers regarding certain
treatments; and
This document does not constitute legal advice. It is intended as a starting point to help you develop a document
appropriate to your individual situation and will need to be tailored to your specific circumstances in light of any applicable
laws that apply in your jurisdiction. You should seek professional advice about the necessary amendments. If you require
specific legal advice, please contact the Editor-in-Chief of this publication or your own legal advisers. © 2015 Portner Press
Pty Ltd
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Sample: Form F8A – Response To General Protections Application – Employment Law Adviser
(d) on at least three occasions, swearing and aggressive conduct towards Ms
Revlon and members of staff.
In mid-December, the Applicant was informed by Ms Revlon that his 6-month
probationary period had not yet been reached and that she was seriously
considering terminating his employment if his performance did not improve.
Ms Revlon gave the Applicant a further opportunity to demonstrate that he
could meet the expected standards of performance.
SERIOUS MISCONDUCT
On 5 February 2015, Ms Revlon noticed that there were four items of
various hair products missing.
Ms Revlon admits that the value of those
products totalled less than $100.
Ms Revlon reviewed the day’s security camera footage and saw the Applicant
remove the hair products in question from the shelf and put them in his
bag before leaving the store.
SUMMARY DISMISSAL
When the Applicant arrived for his shift on Friday 6 February 2015, Ms
Revlon summarily terminated his employment.
Ms Revlon told the Applicant that due to his ongoing poor performance and
dishonesty, she did not feel that she could continue to work with him and
that his employment was terminated with immediate effect.
The Applicant reacted aggressively to Ms Revlon’s comments and asked if it
was because he had “borrowed a few products to try at home” without
seeking her permission.
Ms Revlon admits that she was too upset to
respond and requested the Applicant leave the store immediately.
The
Applicant took the hair products out of his bag and returned them to the
shelves before leaving the store.
At no time during this conversation did Ms Revlon reference the Applicant’s
gender.
Ms Revlon admits that she did not give the Applicant an opportunity to
This document does not constitute legal advice. It is intended as a starting point to help you develop a document
appropriate to your individual situation and will need to be tailored to your specific circumstances in light of any applicable
laws that apply in your jurisdiction. You should seek professional advice about the necessary amendments. If you require
specific legal advice, please contact the Editor-in-Chief of this publication or your own legal advisers. © 2015 Portner Press
Pty Ltd
7
Sample: Form F8A – Response To General Protections Application – Employment Law Adviser
respond to the reasons for the termination of his employment, however,
procedural fairness is not relevant given the nature of the Applicant’s claim.
Ms Revlon denies that she discriminated against the Applicant because of his
gender.
There were only two reasons for Ms Revlon’s decision to terminate the
Applicant’s employment, which were his ongoing unsatisfactory performance
and his dishonesty in taking the four items of hair product from the store
without her permission.
Accordingly, the Respondent has not acted contrary to section 351 of the
General Protections provisions of the Fair Work Act 2009.
Attach additional pages if necessary.
6. JURISDICTIONAL OBJECTIONS
6.1
Do you have any jurisdictional or other objection(s) to the application?
Objections relate to why the Applicant is not eligible to make an application to the
Commission.
[ ] Yes
[X] No
If you have answered yes to question 6.1—Explain why you object
DISCLOSURE OF INFORMATION
The Fair Work Commission undertakes research with participants in general protections matters to
ensure a high quality process. Some research may be undertaken by external providers on behalf of
the Fair Work Commission.
[ ] I consent to my contact details being provided to an external provider for the purposes of
participating in research.
SIGNATURE
If you are completing this form electronically and you do not have an electronic signature
you can attach, it is sufficient to type your name in the signature field. You must still
This document does not constitute legal advice. It is intended as a starting point to help you develop a document
appropriate to your individual situation and will need to be tailored to your specific circumstances in light of any applicable
laws that apply in your jurisdiction. You should seek professional advice about the necessary amendments. If you require
specific legal advice, please contact the Editor-in-Chief of this publication or your own legal advisers. © 2015 Portner Press
Pty Ltd
8
Sample: Form F8A – Response To General Protections Application – Employment Law Adviser
complete all the fields below.
Signature
Name
Antony Lawyer
Date
23 February 2015
Capacity/
Position
Partner, AAA Lawyers
Where this application form is not being completed and signed by the Respondent, include
the name of the person who is completing the form on their behalf in the Capacity/Position
section.
PLEASE RETAIN A COPY OF THIS FORM FOR YOUR OWN RECORDS
This document does not constitute legal advice. It is intended as a starting point to help you develop a document
appropriate to your individual situation and will need to be tailored to your specific circumstances in light of any applicable
laws that apply in your jurisdiction. You should seek professional advice about the necessary amendments. If you require
specific legal advice, please contact the Editor-in-Chief of this publication or your own legal advisers. © 2015 Portner Press
Pty Ltd
9