Adam Damjancuk v Me Lighting Pty Limited

[2021] FWC 1247

[2021] FWC 1247

FAIR WORK COMMISSION

DECISION

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

Adam Damjancuk
v
ME Lighting Pty Limited
(U2020/14306)

COMMISSIONER CAMBRIDGE SYDNEY, 10 MARCH 2021

Application for an unfair dismissal remedy.

[1] The Fair Work Commission (the Commission) issued Directions in this matter on 12 January 2021, which, inter alia, required that by 17 February 2021, the applicant, Adam Damjancuk, was to file and serve documentary material upon which he opposed a jurisdictional objection raised by ME Lighting Pty Limited (the employer) in this matter. The applicant did not provide any material in compliance with this Direction.

[2] On 24 February 2021, the Commission sent an email to the applicant’s representative, which also included the applicant, attaching correspondence to advise that no material has been filed in compliance with the Directions, and such non-compliance may have an impact on the continuance of the proceedings pursuant to section 399(A)(1)(b) of the Fair Work Act 2009 (the Act). The correspondence also required an urgent response within 7 days of the date of the correspondence to provide reasons for the non-compliance.

[3] The employer sent correspondence dated 5 March 2021 requesting the Commission exercise its powers under section 399A of the Act to dismiss the application on the basis of failure to comply with Directions of the Commission.

[4] The applicant has not provided material in compliance with Directions, nor has he provided any explanation for such non-compliance or filed any material in response to the respondent’s application under s.399A.

[5] Therefore, in the circumstances, pursuant to s.399A of the Act, the application is dismissed because the applicant has unreasonably failed to comply with Directions of the Commission.

[6] An Order [PR727591] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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