Elijes Fares v Telstra Corporation Limited

[2022] FWC 265

[2022] FWC 265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Elijes Fares
v

Telstra Corporation Limited

(U2021/11790)

COMMISSIONER CAMBRIDGE SYDNEY, 11 FEBRUARY 2022

Application for an unfair dismissal remedy

[1]      The Fair Work Commission (the Commission) issued Directions in this matter on 21 January 2022, which, inter alia, required that by 31 January 2022, the applicant, Elijes Fares, was to file and serve material upon which his unfair dismissal claim could be prosecuted.  The applicant did not provide any material in accordance with this Direction.

[2]      On 2 February 2022, the Commission sent a letter to the applicant which, inter alia, advised that the applicant’s non-compliance with the Directions of the Commission may result in the dismissal of her application for unfair dismissal remedy. The applicant was provided with 7 days to respond to the Commission in respect to his non-compliance with the Directions of the Commission.

[3]      The applicant has not provided material in compliance with Directions nor has she provided any explanation for such non-compliance. The absence of material upon which the claim for unfair dismissal remedy could be prosecuted, renders the application to be without reasonable prospects of success.

[4]      The respondent employer, Telstra Corporation Limited has made an application under s. 399A of the Fair Work Act 2009, (the Act) to have the Commission dismiss the applicant’s unfair dismissal application.

[5]      Therefore, in the circumstances, pursuant to ss. 399A and 587 of the Act, the application is dismissed because; the applicant has unreasonably failed to comply with Directions of the Commission; and, the application has no reasonable prospects of success; and, the application has failed for want of prosecution.

[6]      An Order [PR738210] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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