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Ugly break-up leads to unfair dismissal complaint for boutique firm owner
The sole trader of a boutique firm was forced into an unfair dismissal fight with a man she was in a decades-long relationship with.
Naomi Neilson
Lyndal Gowland, sole trader of Lyndal Gowland & Associates, faced an unfair dismissal complaint in the Fair Work Commission for firing her ex-de facto partner of 30 years, Trevor McGuire, in July 2023.
He and Gowland’s relationship then ended in November 2023 “in acrimonious circumstances”, the commission was told.
The complaint was filed with Fair Work in February 2024.
Given the unfair dismissal application was filed after “an extremely long delay”, McGuire had to prove he had an extraordinary reason to extend the deadline and move forward with the complaint.
In his submissions, McGuire said he was dealing with medical and mental health issues, had an ongoing and separate legal dispute, and was dealing with stress from the breakdown of the relationship.
Commissioner Stephen Crawford said he could not consider there was a “satisfactory explanation” and considered this factor to “weigh strongly against granting an extension of time”.
“Although these various factors undoubtedly would have caused significant personal difficulties for McGuire, there is not sufficient evidence to conclude that the reasons viewed individually or collectively prevented McGuire from being able to arrange for the filing of an unfair dismissal application.
“Further, there is no evidence regarding what allegedly changed in February 2024 to enable McGuire to be able to file an unfair dismissal application,” Crawford said.
While he could not consider her financial position, Crawford was told Gowland’s firm was having cash flow issues and she was concerned she would “suffer prejudice” if the extension was granted.
Crawford was also unable to review the “significant factual dispute” regarding whether McGuire did take confidential documents.
The application for an extension of time was dismissed, and the unfair dismissal complaint has been thrown out.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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