Christine Parsons v Viva Property Pty Ltd

[2024] FWC 1723

[2024] FWC 1723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Christine Parsons
v

Viva Property Pty Ltd

(U2024/4639)

DEPUTY PRESIDENT O’NEILL MELBOURNE, 1 JULY 2024

Application for an unfair dismissal remedy – application dismissed.

1. Ms Christine Parsons lodged an unfair dismissal application on 23 April 2024.

1. The application was originally listed for conciliation by a Commission staff conciliator on 27 May 2024.

1. On 11 June 2024, a Notice of Listing and Directions were issued, which amongst other things, required the parties to attend a Mention on 13 June 2024. The Directions also required the Applicant to send the Commission and the Respondent a copy of her submissions, witness statements and any other documentary evidence she relies on to support her application by 4:00pm 27 June 2024.

1. On 12 June 2024 at 6.34PM, chambers received an email from the Applicant advising that she would not be attending the Mention due to “training.” I note that at this time, Unfair Dismissals Australia Pty Ltd remained listed as the Applicant’s legal representative.

1. On 13 June 2024, chambers responded to the Applicant’s email, requesting that she advise whether she wished to discontinue her application and otherwise noted that the matter remained listed for Mention at 2:00pm that day. The email emphasised the Applicant’s requirement to attend.

1. At 10.58AM the same day, the Applicant’s legal representative advised chambers that their firm would not be participating in the Mention.

1. A further email was forwarded to the parties highlighting that the parties were directed to attend the Mention, that the Directions remain in force and that in the event the Applicant does not attend the Mention, then the Respondent may make an application pursuant to s.399A and/or s.587 of the Act. Following this email, the Applicant’s representative filed a Form F54.

1. Unsuccessful attempts were made by my chambers to contact the Applicant by telephone at the commencement of the Mention. A voice message was left requesting that the Applicant join the Mention as soon as possible.

1. During the Mention, the Respondent made an oral application to have the matter dismissed under section 399A of the Fair Work Act 2009 (the Act) and/or s.587 of the Act.

1. On 13 June 2024 at 5.15PM, the Applicant was informed of the Respondent’s application and was advised that her unfair dismissal application may be dismissed without further notice should she fail to respond by 27 June 2024. To date, the Applicant has not responded to the multiple attempts to communicate with her.

1. I am satisfied that s.399A of the Act applies to the Respondent’s application.

1. Whilst the s.399A application was not made in an approved form, pursuant to s.586 of the Act, I waive the irregularity regarding the form in which the application was made. In addition, as the Applicant has not filed any material to oppose the application to dismiss, I have determined the application on the papers.

1. I am satisfied that Ms Christine Parsons has unreasonably failed to comply with the Directions of the Commission by failing to attend the Mention on 13 June 2024, by failing to file material in support of her application by 4:00pm 27 June 2024 and by failing to file submissions as to why her application should not be dismissed by 27 June 2024.

1. Further, the Applicant has taken no steps to demonstrate that she wishes to pursue her unfair dismissal application against the Respondent.

1. In the circumstances, I exercise my discretion pursuant to s.399A(1)(a) of the Act to dismiss Ms Parsons’ unfair dismissal application. An order to this effect will be issued with this Decision.

DEPUTY PRESIDENT

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