Aperahama v Jamieson Transport

[2016] FWC 1759

[2016] FWC 1759

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Mr Daniel Aperahama
v
Jamieson Transport
(U2015/16226)
COMMISSIONER CAMBRIDGE	SYDNEY, 21 MARCH 2016
Application for relief from unfair dismissal.

[1]        The Fair Work Commission (the Commission) issued Directions in this matter on 10

February 2016, which, inter alia, required that by 24 February 2016, the applicant 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. 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.

[2]        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.

[3] Therefore, pursuant to ss.399A and 587 of the Fair Work Act 2009, 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.

[4]        An Order [PR578187] dismissing the matter will be issued concurrently with this

Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR578185>