Aaron Greenwood v Westside Auto Wholesale

[2014] FWC 4986

[2014] FWC 4986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Aaron Greenwood
v
Westside Auto Wholesale
(U2014/5828)

DEPUTY PRESIDENT MCCARTHY PERTH, 28 JULY 2014

Application for relief from unfair dismissal.

[1] Mr Aaron Greenwood (the Applicant) lodged an application for Unfair Dismissal (the Application) on 21 March 2014. The Applicant claimed that he had been unfairly dismissed from his employment with Westside Auto Wholesale (the Respondent).

[2] It is clear that the Applicant has on three separate occasions not attended proceedings before this Commission. The last occasion was a conference/hearing listed for him to attend on Friday, 11 July 2014. He was clearly aware of that proceeding as he left a message early that morning that he could not attend. The reason for non-attendance and advice about it may have been excusable had there not been previous occasions of non-attendance. In any event the Applicant advised in the message on the morning of the proceeding that he “would like me [the Fair Work Commission] to make a finding and finally have this resolved I need to get passed [sic] this”.

[3] I have reviewed the documentation lodged by the Applicant and had particular regard to the grounds he outlined in his Application. The remedy being sought that is relevant to my consideration appears to be one month’s salary for lost remuneration, although it was described as compensation for pain and suffering. Other elements being sought appear to be beyond the Commission’s powers to order.

[4] The Applicant has not attended proceedings and given his history of non-attendance it does not appear likely that he will either attend, or provide any supporting documentation, or evidence of any kind in support of his claims. In the absence of his attendance and any supporting documentation or evidence I have decided and find that the Applicant has no reasonable prospects of succeeding with the Application.

[5] Having determined that the Application has no reasonable prospects of success the application is dismissed pursuant to s.587(1)(c) of the Fair Work Act 2009.

DEPUTY PRESIDENT

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