Bilal Muhammad v Grntee'd Building Pty Ltd

[2024] FWC 2274

[2024] FWC 2274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Bilal Muhammad
v

Grntee’d Building Pty Ltd

(U2024/5534)

DEPUTY PRESIDENT DEAN CANBERRA, 29 AUGUST 2024

Application for an unfair dismissal remedy – application dismissed.

1. This decision concerns an application made by Mr Bilal Muhammad (Applicant) pursuant to s.394 of the Fair Work Act 2009 for a remedy in respect of his alleged unfair dismissal from Grntee’d Building Pty Ltd (Respondent).

1. The application was listed for conciliation on 19 June 2024. Mr Jordan Fristad, the representative of the Respondent, did not attend the conciliation and could not be contacted by telephone or email. The matter was subsequently allocated to me for determination.

1. On 27 June 2024 I caused correspondence to be sent to the parties advising that based on the information provided in the application, in particular the Applicant’s statement in the application that the remedy sought by him was that “I want my outstanding invoices to be paid and as I was working with him through ABN, he needs to pay superannuation as well”, it appeared unclear as to the nature of the parties’ relationship. The Applicant was directed to advise if he considered himself an employee of the Respondent. The Applicant did not respond, and further correspondence was sent on 2 July 2024 seeking the same information from him.

1. Having received no response from the Applicant, the matter was listed for a hearing and directions were issued requiring the Applicant to file materials in support of his application by 26 July 2024. The Applicant was provided, by email on 5 July 2024, a copy of the Notice of Listing and Directions. In that correspondence, the Applicant was advised that failure to submit the required materials may result in his application being dismissed.

1. The Applicant did not file any material in accordance with the Directions. On 29 July 2024, my chambers wrote to the Applicant requiring him to file his material by 4:00 pm the following day, being 30 July. The Applicant was again advised that failure to comply with the Directions without a reasonable explanation may result in his application being dismissed.

1. On 5 August 2024, the Applicant emailed to my chambers four screenshots of images of a website and text messages, but without any accompanying explanation. In response to that email, the Applicant was advised that further information was required to satisfy the Directions that had been issued, and he was given a further opportunity to file his submissions and evidence by 12 August 2024 or his application would be dismissed.

1. The Applicant again did not comply with the Directions. As a result, correspondence was sent to the Applicant on 16 August 2024 seeking his response by 4:00 pm as to why his application should not be dismissed. No response was received from the Applicant.

1. Section 587 of the Act provides the Commission with a broad discretion to dismiss an application. It reads:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or
(b) the application is frivolous or vexatious; or
(c) the application has no reasonable prospects of success.

(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or
(b) has no reasonable prospects of success.

(3) FWC may dismiss an application:

(a) on its own initiative; or
(b) on application.

1. The Applicant has repeatedly failed to comply with directions of the Commission and failed to respond to the Commission’s correspondence. I am therefore satisfied that the Applicant has not demonstrated an intention to pursue his unfair dismissal application. Accordingly, I have decided to dismiss the application for want of prosecution pursuant to s.587 of the Act.

1. An order dismissing the application will be issued with this decision.

DEPUTY PRESIDENT

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