The Case

Howell v Elite Elevators Corporation Pty Ltd (2023)

Mr Howell, an employee of Elite Elevators Corporation Pty Ltd (EEC), was dismissed from his employment. Mr Howell instructed paid agents Employee Dismissals (on a no-win-no-fee basis) to file a general protections claim with the Fair Work Commission (FWC), claiming the dismissal was unlawful.

A paid agent from Employee Dismissals represented Mr Howell at the FWC conciliation conference. Mr Howell and EEC reached a settlement, and the FWC issued its standard terms to record the agreement. This included provision of a statement of service and a payment to Mr Howell, and a conversion of the dismissal to a resignation, and thereafter Mr Howell would discontinue the FWC proceedings.

Mr Howell later contacted the FWC claiming he had not received the statement of service nor payment of the compensation. Mr Howell later received a communication from Employee Dismissals informing him that it had received payment of the settlement monies from EEC and issued a tax invoice for the balance of the monies owed to it for representing Mr Howell.