Brodie Rayner v Landscaping Naturally Pty Ltd T/A Landscaping Naturally

[2020] FWC 5412

[2020] FWC 5412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Brodie Rayner
v
Landscaping Naturally Pty Ltd T/A Landscaping Naturally
(U2020/12137)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 9 OCTOBER 2020

Application for an unfair dismissal remedy – application dismissed.

[1] This decision relates to an unfair dismissal application made by Mr Brodie Rayner pursuant to s 394 of the Fair Work Act 2009 (Cth) (Act) against his former employer, Landscaping Naturally Pty Ltd T/A Landscaping Naturally (Application).

Background

[2] On 24 September 2020, an email was sent by my Associate to Mr Rayner informing him that the matter was listed for hearing in relation to his application for an extension of time to file his application, by telephone, at 4.30pm on 7 October 2020. Shortly after that email a notice of listing was issued to Mr Rayner, by email, confirming the hearing time and date and providing instructions as to how to dial into the teleconference.

[3] There was no appearance by or on behalf of the applicant at the hearing on 7 October 2020. My Associate called Mr Rayner and left a voicemail message requiring Mr Rayner to call my chambers urgently. My Associate made two further unsuccessful phone calls to Mr Rayner shortly after that voicemail message was left. No return phone call has been received from Mr Rayner.

[4] An email in the following terms was sent to Mr Rayner after the hearing on 7 October 2020:

“Dear Mr Rayner

Your unfair dismissal application was listed for hearing, by telephone, in relation to your application for an extension of time to file your application at 4.30pm, today. You did not attend that hearing.

I left a message on your mobile phone for you to contact me urgently on [chambers telephone number], but you did not do so.

If you wish to provide any explanation for your failure to attend the hearing today, you must do so by 4pm, tomorrow (8 October 2020).

If we do not hear from you by that time, your unfair dismissal application will be dismissed without further notice to you.”

[5] No explanation or other communication has been received from Mr Rayner to date.

[6] For the reasons set out in the previous four paragraphs, I have decided to exercise my discretion pursuant to s 587(1) of the Act to dismiss Mr Rayner’s unfair dismissal application against the respondent in these proceedings. Mr Rayner’s unfair dismissal application is therefore dismissed.

DEPUTY PRESIDENT

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