Dean Timothy Featherston v Majestic Caravans

[2022] FWC 1330

[2022] FWC 1330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Dean Timothy Featherston
v

Majestic Caravans

(U2022/662)

VICE PRESIDENT CATANZARITI SYDNEY, 1 JUNE 2022

Application for an unfair dismissal remedy.

1. Dean Timothy Featherston was employed by Majestic Caravans from the 30^th of July 2021 until they were dismissed on the 11^th of February 2022.

1. On the 12^th of January 2022, the applicant made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

1. The respondent objected to the application on the basis that Dean Timothy Featherston was never dismissed and that the applicant also did not meet the minimum employment period required to lodged an application under section 394 of the Fair Work Act 2009.
   
   

2. On the 12^th of May 2022, correspondence was sent to the applicant in relation to the jurisdictional objections raised by Majestic Caravans and they were required to respond by the 19^th of May 2022. No response was received from Dean Timothy Featherstone in this time.
   
   

3. On the 20^th of May 2022, further correspondence was sent to the applicant directing them to provide a response by 5:00pm on the 25^th of May 2022. They were advised that in the absence of a reply, their application may be dismissed.

1. To date, Dean Timothy featherstone has not responded to the jurisdictional objections raised by the respondent or any further correspondence sent by my Chambers in writing.

1. Section 587 of the Act provides:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.

1. The words, “Without limiting when FWC may dismiss an application” at the commencement of s.587(1) of the Act, establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c).

1. In the circumstances I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the Act.

1. An order to that effect will issue with this decision.

VICE PRESIDENT

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