Chris Alexander Green v Services of Top Cut Foods (WA) Pty Limited

[2022] FWC 2770

[2022] FWC 2770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Chris Alexander Green
v

Services Of Top Cut Foods (WA) Pty Limited

(U2022/6891)

DEPUTY PRESIDENT BEAUMONT PERTH, 20 OCTOBER 2022

Application for an unfair dismissal remedy

1. Mr Chris Alexander Green (the Applicant) made an application for an unfair dismissal remedy under s 394 of the Fair Work Act 2009 (Cth) (the Act).  The Applicant had worked for Service Of Top Cut Foods (WA) Pty Ltd (the Respondent) as a manager since 3 September 2020.  However, on 16 June 2022, the Applicant’s employment ended.  The Applicant says he was dismissed.  The Respondent says the Applicant voluntarily resigned.  The matter was listed for a hearing on 20 October 2022.

1. This published decision reflects the decision I gave ex tempore on 20 October 2022 with corrections for grammatical, syntactical and any other insignificant errors.

1. On the morning of 20 October 2022, my Chambers and Ms Dale, the Respondent’s Human Resources Manager, were copied into an e-mail that was received at 7:46am from the e-mail address [email protected], which displays as ‘Chris Green’. It appears to be the e-mail address that has been utilised by the Applicant for correspondence for the purpose of these proceedings. It read as follows:

Morning
I have since decided not to proceed at this time.
Thankyou.
Chris Green

1. It could be that the Commission considers that this e-mail indicates the matter has been discontinued by the Applicant. I am content to take this approach. However, if I am wrong about that, then pursuant to s 587(1)(c) of the Act the application is dismissed on the basis it has no reasonable prospect of success.

1. I make this decision in light of the e-mail received this morning and the Applicant’s non-attendance in circumstances where he was contacted multiple times this morning to attend the hearing and notwithstanding has not responded on his phone. I also note that leading up to the hearing there was correspondence concerning the attendance of witnesses, which the Applicant sent communications in respect to. Notwithstanding, he left it until this morning to send the e-mail to say that he was not going to be attending the hearing.

Conclusion

1. Consequently, I am content to dismiss this application under s 587(1)(c) of the Act and an accompanying Order[1] is issued to this effect.

DEPUTY PRESIDENT

Appearances:

Mr V. Elias for the Respondent.

Hearing details:

Thursday 20 October 2022
Video (via Microsoft Teams)

Final written submissions:

Applicant – 21 September 2022

Respondent – 4 October 2022

[1] PR747052. 

Printed by authority of the Commonwealth Government Printer

<PR746863>