Darren Gardner v Pit Patrol T/A Pit Express

[2020] FWC 446

[2020] FWC 446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Darren Gardner
v
Pit Patrol T/A Pit Express
(U2019/13123)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 31 JANUARY 2020

Application for an unfair dismissal remedy – application dismissed.

[1] This decision relates to an unfair dismissal application by Mr Darren Gardner pursuant to s 394 of the Fair Work Act 2009 (Cth) (Act) against his former employer, Pit Patrol Pty Ltd.

[2] On 31 December 2019, directions were issued requiring Mr Gardner to file and serve an outline of submissions, witness statements and other documentary material in support of his application, by 4:00pm on 21 January 2020. Mr Gardner did not file any material within that timeframe.

[3] On 23 January 2020, Mr Gardner was given a further opportunity, until 4pm on 28 January 2020, to file and serve material in support of his unfair dismissal application. In the correspondence sent to Mr Gardner on 23 January 2020, he was informed that his unfair dismissal application may be dismissed without further notice to him if he failed to comply with the requirement to file and serve material in support of his application by 4pm on 28 January 2020. Mr Gardner did not file any material within that timeframe, nor has he since filed any material or made any contact with the Fair Work Commission.

[4] At approximately 4:44pm on 28 January 2020, my Associate attempted, without success, to telephone Mr Gardner. A voicemail message was left for Mr Gardner, asking him to contact chambers. No communication has been received from Mr Gardner.

[5] Mr Gardner has not filed any material in compliance with the directions, as amended. Further, the Fair Work Commission has not received any communication from Mr Gardner in 2020.

[6] For the reasons set out in the previous four paragraphs, I have decided to exercise my discretion pursuant to s 587(1) of the Act to dismiss Mr Gardner’s unfair dismissal application against the respondent in these proceedings. Mr Gardner’s unfair dismissal application is therefore dismissed, the hearing date is vacated, and the directions made on 31 December 2019, as amended on 23 January 2020, are also vacated.

DEPUTY PRESIDENT

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