Bradlyn Haimona v Marra Worra Worra Aboriginal Corporation

[2021] FWC 6289

[2021] FWC 6289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Bradlyn Haimona
v
Marra Worra Worra Aboriginal Corporation
(U2021/7709)

VICE PRESIDENT CATANZARITI SYDNEY, 9 NOVEMBER 2021

Application for an unfair dismissal remedy

[1] On 31 August 2021, Bradlyn Haimona (the applicant) applied to the Fair Work Commission (the Commission) for an unfair dismissal remedy under s.394 of the Fair Work Act 2009 (the Act) in relation to his former employment by Marra Worra Worra Aboriginal Corporation.

[2] A conciliation before a Commission staff conciliator was listed to take place on 28 September 2021. The applicant did not attend the conciliation.

[3] My chambers sent correspondence to the applicant on 21 October 2021, directing him to advise us by 28 October 2021 whether he still pressed his application. However, we received no response from the applicant by that time.

[4] On 29 October 2021, my chambers sent further correspondence to the applicant, noting he had not responded and directing him to do so by 3 November 2021. He was advised that in the absence of a reply, his application may be dismissed without further notice.

[5] On 4 November 2021, my chambers rang the applicant on the mobile telephone number provided on his application form and left a voice mail message asking him to call back urgently if he still pressed his application.

[6] To date, the applicant has not responded to any of the Commission’s correspondence.

[7] Section 587 of the Act provides:

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.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3-2, see section 399A.

(2) Despite paragraphs (1)(b) and (c), the 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) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.

[8] The words ‘[w]ithout limiting when FWC may dismiss an application’ at the commencement of s.587(1) of the Act establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c).

[9] In the circumstances, I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the Act.

VICE PRESIDENT

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