Casey Binns v SBHRCo Pty Ltd t/a Searle Bros

[2021] FWC 1059

[2021] FWC 1059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Casey Binns
v
SBHRCo Pty Ltd t/a Searle Bros
(U2020/15369)

COMMISSIONER MCKINNON MELBOURNE, 26 FEBRUARY 2021

Application for unfair dismissal remedy – non-compliance with directions – application dismissed under s.399A of the Fair Work Act 2009 (Cth).

[1] This is an edited version of my decision delivered orally at hearingin Melbourne on 19 February 2021.

[2] This matter has been ongoing since 30 November 2020.  It is now over a month since the Commission last had contact with the Applicant. Directions issued to the parties were not complied with by the Applicant. The Directions required the Applicant to file his materials on 4 February 2021 in anticipation of the Respondent filing its materials yesterday. It is difficult for the Respondent to do that absent any materials from the Applicant. The schedule was set so that the hearing could occur within the benchmarks established by the Commission for dealing with these matters in a timely way.

[3] The Applicant has not been in contact with the Commission or complied with directions issued by the Commission since 11 January 2021.

[4] For that reason, a non-compliance hearing was held on the morning of Friday, 19 February 2021. The Commission did try to contact the Applicant on the day of the hearing and he did not respond. Mr Nicholson, appearing for the Respondent, sought that the matter be dismissed.

[5] The application by Casey Binns for an unfair dismissal remedy from Searle Bros (U2020/15369) is dismissed under section 399A of the Fair Work Act 2009 (Cth)on the basis of failure to comply with directions of the Commission relating to the application. 

COMMISSIONER

Appearances:

No appearance for the Applicant.
T Nicholson for the Respondent.

Hearing details:

2021.
Melbourne (telephone hearing):
February 19.

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