Caroline Cross v National Australia Bank T/A NAB

[2013] FWC 3352

[2013] FWC 3352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Caroline Cross
v
National Australia Bank T/A NAB
(U2013/6538)

COMMISSIONER WILSON MELBOURNE, 28 MAY 2013

Application for unfair dismissal remedy – s.399A – application not dismissed.

[1] Ms Caroline Cross (the Applicant) has made an application pursuant to section 394 of the Fair Work Act 2009 for an unfair dismissal remedy regarding her dismissal by National Australia Bank T/A NAB (the Respondent).

[2] On 3 May 2013, the Commission wrote to the Applicant advising her that she had failed to comply with directions to file submissions and was unable to attend a non-compliance hearing on 3 May 2013. On 7 May 2013, the Applicant wrote to the Commission providing the following reasons:

‘Thank you for your letter, and I apologise for the late filing of my material. I am under considerable financial pressure in seeking representation in this matter, and am running behind in having the documents filed. I will be able to have my statements and submissions filed by the end of the week.

I also apologise for not attending the non-compliance hearing. I had not realised I was meant to attend on this date. I was surprised when FWC contacted me about the hearing of which I was unaware.’

[3] On 10 May 2013, the Respondent made an application for an order under section 399A of the Act to dismiss the matter for ‘want of prosecution, including failure to attend a hearing and comply with FWC Directions without reasonable excuse.’

[4] The Respondent’s application was listed for a telephone conference before me on Monday, 27 May 2013. After hearing from the parties and reviewing the file, I accept the reasons given by the Applicant.

[5] I dismiss the Respondent’s application made under section 399A of the Act. An order will issue and the substantive matter will be listed shortly.

COMMISSIONER

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