Chad Gorton v Ben Cowling Concreting Pty Ltd

[2019] FWC 7002

[2019] FWC 7002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Chad Gorton
v
Ben Cowling Concreting Pty Ltd
(U2019/6059)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 10 OCTOBER 2019

Application for an unfair dismissal remedy – application dismissed.

[1] This decision relates to an unfair dismissal application by Mr Chad Gorton pursuant to s 394 of the Fair Work Act 2009 (Cth) (Act) against his former employer, Ben Cowling Concreting Pty Ltd.

[2] On 10 September 2019, directions were issued and a hearing date set for 15 November 2019. Mr Gorton was directed to file and serve an outline of submissions, witness statements and other documentary material in support of his application, by 4:00pm on 1 October 2019. Mr Gorton did not file any material within that timeframe, nor has it been filed at any subsequent time.

[3] At 5:21pm on 1 October 2019, Mr Gorton was sent an email from my Associate in the following terms:

“Dear Mr Gorton

You were directed to file and serve material in support of your unfair dismissal application by 4pm on 1 October 2019. No such material has been filed by you.

Deputy President Saunders extends the time for you to file and serve submissions, witness statements and documents in support of your unfair dismissal application to 4pm on 4 October 2019.

If you do not file any material in support of your unfair dismissal application by 4pm on 4 October 2019 and we do not hear from you by that time, your unfair dismissal application may be dismissed without further prior notice to you. If your unfair dismissal application is dismissed, the hearing scheduled to take place on 15 November 2019 will be cancelled.”

[4] Mr Gorton has not filed any material in compliance with the directions, as amended. Further, the Commission has not received any communication from Mr Gorton since 10 September 2019.

[5] For the reasons set out in the previous three paragraphs, I have decided to exercise my discretion pursuant to s 587(1) of the Act to dismiss Mr Gorton’s unfair dismissal application against the respondent in these proceedings. Mr Gorton’s unfair dismissal application is therefore dismissed, the hearing date of 15 November 2019 is vacated, and the directions made on 10 September 2019 are also vacated.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR713193>