Fair Work Commission says stevedore has handed over everything relevant for an upcoming unfair dismissal claim
A former stevedore pursuing an unfair dismissal claim against DP World Melbourne will have to do so without access to a slew of documents requested from the company.
In March, the Fair Work Commission (FWC) agreed three sets of unredacted documents should be made available for Mark Kirkman and the Maritime Union of Australia (MUA), which is representing him in the proceedings.
These were DP World documents relating to his and other complaints, documents relating to the decision-making processes around Kirkman’s dismissal, and internal investigation reports.
The company, however, appealed, saying the requested documents were not relevant to the case, and could breach the privacy of other DP World employees.
It offered to supply un-redacted versions to the FWC for a commissioner to rule on their relevance before allowing an external inspection.
The MUA says that would be a denial of natural justice to Kirkman in that it would limit his capacity to present his case. It says inspection of the documents ensures “a fair go all round”.
FWC Commissioner Michelle Bissett sided with DP World, and having inspected the documents, ruled each set out of the case.
“I am satisfied that, of the documents sought to be inspected by Kirkman, none relate to the termination of his employment beyond the materials already provided to him,” Bissett says.
“Further, I am satisfied that none are relevant to the unfair dismissal application before the commission.”
The unfair dismissal claim will now be heard in June.