Cretia Lasserre Currie

[2018] FWC 7045

[2018] FWC 7045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.789FC - Application for an order to stop bullying

Cretia Lasserre Currie
(AB2018/608)

COMMISSIONER WILLIAMS PERTH, 26 NOVEMBER 2018

Application for an FWC order to stop bullying.

[1] This application was filed by Ms Cretia Lasserre Currie (the Applicant) on 1 October 2018. A prior application dealing with similar issues (AB2018/404) had been dealt with by the Commission and was then discontinued by the Applicant.

[2] Following initial contact with the parties involved the Commission listed this application for a telephone directions conference that was held on 23 October 2018. All parties were represented by a lawyer during this directions conference.

[3] Later that same day the Commission issued a notice of listing and directions to the parties and their representatives explaining a hearing of the application would be held on 20 December 2018 and requiring the parties to file and serve various materials in preparation for that hearing.

[4] On 29 October 2018 the Applicant’s representative filed a form F54-Notice of representative ceasing to act.

[5] The Applicant was required to file a written outline of claim by 31 October 2018.

[6] The Applicant failed to comply with the Commission’s directions.

[7] On 2 November 2018 I wrote to the Applicant and advised that if she does not comply with the Commission’s directions by 7 November 2018 her repeated non-compliance will be taken as demonstrating she does not wish to continue and this application would be dismissed. That letter was sent by email and express post.

[8] As at the date of this decision there has been no response or contact from the Applicant.

The legislation

[9] Section 577 of the Fair Work Act 2009 (the Act) obliges the Commission to perform its functions and exercise its powers in a manner that is fair, just and is quick, informal and avoids unnecessary technicalities and is open and transparent and promotes harmonious and cooperative workplace relations.

[10] Section 789FE of the Act states the Commission must start to deal with an application such as this which has been made under section 789FC within 14 days after the application is made which reinforces the legislative requirement for the Commission to deal with applications promptly.

[11] Section 587 (3) of the Act empowers the Commission to dismiss an application on its own initiative.

Decision

[12] In this case the Applicant has repeatedly failed to comply with the Commission’s directions to provide a written outline of claim. The Applicant is either unable or unwilling to provide the materials required of her.

[13] The persons named in the application and the Applicant’s employer can reasonably expect to have the application determined within a reasonable time.

[14] Consequently my decision is that this application should now be dismissed on the initiative of the Commission under section 587 (3) of the Act.

[15] An order [PR702385] to this effect will be issued in conjunction with this decision.

Printed by authority of the Commonwealth Government Printer

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