Dane Crimmins v Ch & NH Pty Ltd
[2024] FWC 869
•4 APRIL 2024
| [2024] FWC 869 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Dane Crimmins
v
CH & NH Pty Ltd
(U2023/11044)
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 4 APRIL 2024 |
Application for an unfair dismissal remedy – application dismissed
This decision relates to an unfair dismissal application by Mr Dane Crimmins pursuant to s 394 of the Fair Work Act 2009 (Cth) (Act) against his former employer, CH & NH Pty Ltd.
The matter was listed for a directions hearing, by telephone, on 28 March 2024. Mr Crimmins did not appear at the directions hearing.
At 4:49pm on 28 March 2024, the following email was sent from my Chambers to Mr Crimmins:
“Dear Mr Crimmins
U2023/11044 - Mr Dane Crimmins v CH & NH Pty Ltd
This matter was listed for directions by telephone before Deputy President Saunders at 4pm today pursuant to a Notice of Listing sent to the parties on Tuesday 26 March 2024.
There was no appearance by you or on your behalf at the directions hearing. The Respondent attended and participated in the directions hearing.
This matter is now listed for a further directions hearing (by telephone) at 3pm, Thursday 4 April 2024. It is necessary for both parties to participate in this directions hearing. If you do not participate in the directions hearing on Thursday 4 April 2024 at 3pm, your unfair dismissal application may be dismissed without further prior notice to you.
A notice of listing has just been sent out and is also attached to this email.”
In the period between the sending of this email to Mr Crimmins at 4:49pm on 28 March 2024 and the directions hearing at 3pm on 4 April 2024, Mr Crimmins sent dozens of abusive emails to my Chambers. Most of these emails were directed at the Respondent, but some were directed at the Commission. For example, at 10:35pm on 3 April 2024 Mr Crimmins wrote:
“And you mr big fair work commission are fuckin blind pulling your pud you should of caught on this ploy antics years ago how many times do I got spell it for you bunch illiterates goat leggerd fuckin retarts are blind aswell silly bunch of queers.”
Mr Crimmins did not attend the directions hearing at 3pm on 4 April 2024, nor did he request that an alternative time or date be set for this directions hearing.
In light of Mr Crimmins’ failure to appear at the directions hearings on 28 March 2024 and 4 April 2024, I have decided to exercise my discretion pursuant to s 587(1) of the Act to dismiss Mr Crimmins’ unfair dismissal application against the respondent in these proceedings. The application is therefore dismissed.
DEPUTY PRESIDENT
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