Andrew Gilbert v St John Ambulance Pty Ltd T/A WA Ambulance Service

[2016] FWC 2279

[2016] FWC 2279

FAIR WORK COMMISSION

DECISION

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

Andrew Gilbert
v
St John Ambulance Pty Ltd T/A WA Ambulance Service
(U2015/17141)

COMMISSIONER CAMBRIDGE PERTH, 26 APRIL 2016

Application for relief from unfair dismissal.

[1] The Fair Work Commission (the Commission) issued Directions in this matter on 4 March 2016, which, inter alia, required that by 18 March 2016, the applicant, Andrew Gilbert, was to file and serve material upon which his unfair dismissal claim could be prosecuted. The applicant did not provide any material in compliance with this Direction. Following a telephone conference with the Parties held on 14 March 2016, the Commission issued amended Directions which, inter alia, required that by 1 April 2016, the applicant was to file and serve material upon which his unfair dismissal claim could be prosecuted.

[2] Both the Directions of 4 March and the amended Directions of 14 March, included notice of listing of the matter for Conciliation and/or Arbitration on 26 April 2016.

[3] The applicant has not provided material in compliance with Directions, nor has he provided any explanation for such non-compliance. The absence of material upon which the claim for unfair dismissal remedy could be prosecuted, renders the application to be without reasonable prospects of success.

[4] Subsequently, the applicant was unequivocally advised that his application for unfair dismissal remedy would be dismissed unless he provided acceptable explanation for his failure to comply with the Directions of the Commission.

[5] The respondent employer, St John Ambulance Pty Ltd has made an application under s. 399A of the Fair Work Act 2009, (the Act) to have the Commission dismiss the applicant’s unfair dismissal application.

[6] The applicant was called but he has failed to appear today, 26 April 2016, at the listed proceedings in Perth. My associate has been unable to make telephone contact with the applicant.

[7] Therefore, in the circumstances, pursuant to ss.399A and 587 of the Act, the application is dismissed because; the applicant has unreasonably failed to comply with Directions of the Commission; and, the application has no reasonable prospects of success; and, the application has failed for want of prosecution.

[8] An Order [PR578958] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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