Falakiseni (Falaki) Mafi v Complete Asset Management Pty Ltd T/A Complete Asset Management

[2022] FWC 2523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Falakiseni (Falaki) Mafi

Complete Asset Management Pty Ltd T/A Complete Asset Management

(U2022/5366)

COMMISSIONER CAMBRIDGE

SYDNEY, 21 SEPTEMBER 2022

Application for an unfair dismissal remedy

Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore, pursuant to s. 587 of the Fair Work Act 2009, the application has no reasonable prospects of success and is dismissed for want of prosecution.

An Order [PR746048] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Falakiseni (Falaki) Mafi, filed an unfair dismissal claim against Complete Asset Management Pty Ltd T/A Complete Asset Management. The application was made under the Fair Work Act 2009 and the matter was heard by the Fair Work Commission. The dispute centred on the termination of Mafi's employment by Complete Asset Management, and whether this termination was unfair.

The legal issues that the Fair Work Commission was required to decide included whether Mafi had indeed been dismissed, if the dismissal was harsh, unjust or unreasonable, and if there were any mitigating factors that could justify the dismissal. Additionally, the Commission needed to consider whether Mafi's failure to provide written advice about the matter or file a Notice of Discontinuance, despite repeated requests, meant that the application had no reasonable prospects of success.

The Commission found that Mafi had not complied with the repeated requests for written advice or to file a Notice of Discontinuance, which made the application for an unfair dismissal remedy untenable. Given the absence of any substantive evidence or argument from Mafi, the Commission concluded that the application had no reasonable prospects of success and dismissed the matter for want of prosecution. Consequently, the Commission ordered that an Order dismissing the matter would be issued concurrently with this Decision.

No further orders were made as the matter was dismissed for want of prosecution. The Commission's decision was based solely on the procedural failure of Mafi to comply with the requirements to provide written advice or file a Notice of Discontinuance.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established