ORDER

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Diego Franco
v
Deliveroo Australia Pty Ltd
(U2020/7066)

Application for an unfair dismissal remedy.

Further to the Decision [2021] FWC 2818 made in this matter involving an application made pursuant to s. 394 of the Fair Work Act 2009 (the Act), the Fair Work Commission (the Commission) makes the following Orders:

Reinstatement

1. Pursuant to subsection 391 (1) of the Act, Deliveroo Australia Pty Ltd ABN: 73 607 915 640 (the employer) is Ordered to reinstate Diego Da Silva Franco (the applicant) by reappointing him to the position in which he was employed immediately before his dismissal. The applicant is to be so reappointed on or before 8 June 2021.

Order to Maintain Continuity

2. Pursuant to subsection 391 (2) of the Act, the employer is Ordered to treat the period of employment of the applicant with the employer to have not been broken by the dismissal. The intervening period between dismissal and reinstatement of the applicant shall be counted for all purposes as a period of employment.

Order to Restore Lost Pay

3. Pursuant to subsection 391 (3) of the Act, the employer is Ordered to pay to the applicant an amount to be determined, if it is not agreed between the Parties, as remuneration lost or likely to have been lost, because of the dismissal. This amount is to be determined in accordance with subsection 391 (4) of the Act, taking into account the amount of remuneration earned by the applicant from employment or other work during the period between the dismissal and the making of the Order for reinstatement, and the amount of any remuneration reasonably likely to be earned by the applicant during the period between the making of the Order for reinstatement and the actual reinstatement. The amount calculated as lost pay is to be paid to the applicant within 21 days from the date of this Order.

COMMISSIONER

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