Anthony Honnery v Specialised Waste Treatment Services Pty Ltd T/A Specialised Waste Treatment Services

[2017] FWC 3388

[2017] FWC 3388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Anthony Honnery

v

Specialised Waste Treatment Services Pty Ltd T/A Specialised Waste Treatment Services

(U2017/1535)

Commissioner Saunders NEWCASTLE, 23 JUNE 2017

Application for an unfair dismissal remedy – application dismissed

1. This decision relates to an unfair dismissal application by Mr Anthony Honnery pursuant to s.394 of the Fair Work Act 2009 (Cth) (the Act) against his former employer, Specialised Waste Treatment Services Pty Ltd T/A Specialised Waste Treatment Services.

1. The applicant and respondent attended a directions hearing by telephone on 19 May 2017, following which directions were issued and a hearing date set for 12 July 2017. The applicant was directed to file and serve an outline of submissions, witness statements and other documentary material in support of his application, by 4.00pm on Friday, 9 June 2017. This material was not filed and served within that timeframe, nor has it been filed at any subsequent time.

1. On 19 June 2017 the applicant was sent an email from our chambers requesting that he file and serve his material. The applicant was also telephoned twice on 21 June 2017 by our chambers, but there was no answer. On 22 June 2017 the applicant was notified in writing that if he did not file and serve material in relation to his unfair dismissal application by midday Friday, 23 June 2017, his unfair dismissal application would be dismissed. The Commission did not receive any communication from the applicant after 19 May 2017. 

1. For the reasons set out in the previous two paragraphs, I have decided to exercise my discretion pursuant to s.587(1) of the Act to dismiss the applicant’s unfair dismissal application against the respondent in these proceedings. The application is therefore dismissed and the hearing date on 12 July 2017 is vacated.

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