Hannah Buckland v Crown Melbourne Limited

[2014] FWC 1942

[2014] FWC 1942

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Hannah Buckland
v
Crown Melbourne Limited
(U2013/16083)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 24 MARCH 2014

Application for relief from unfair dismissal dismissed.

[1] On 20 November 2013, Ms Hannah Buckland made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act). Ms Buckland’s employment had been terminated by Crown Melbourne Limited (Crown) on 30 October 2013.

[2] The matter was listed for conciliation on 10 January 2014 however it could not take place. Consequently, directions were issued and the matter was listed for hearing.

[3] Ms Buckland was directed to file an outline of submissions, any witness statements and other documentary material she wished to rely on by noon, on 24 February 2014.

[4] Ms Buckland did not comply with this direction and the matter was listed for a non compliance hearing before me on 28 February 2014.

[5] Ms Buckland did not attend the non compliance hearing. Crown made an oral application, pursuant to s.399A of the Act, that the matter be dismissed as Ms Buckland had failed to comply with the direction of the Fair Work Commission (the Commission). I waived compliance with the Fair Work Commission Rules 2013 and accepted Crown’s oral application.

[6] On 28 February 2014, Ms Buckland was sent correspondence informing her of the Respondent’s s.399A application. Ms Buckland was directed to file submissions and other documentary material in respect of Crown’s application by close of business, on 14 March 2014. Ms Buckland was advised that if she failed to comply with this direction, her application would be dismissed.

[7] Ms Buckland did not file any material with the Commission.

[8] Section 399A of the Act provides as follows:

399A Dismissing applications

(1) The FWC may, subject to subsection (2), dismiss an application for an order under Division 4 if the FWC is satisfied that the applicant has unreasonably:

(a) failed to attend a conference conducted by the FWC, or a hearing held by the FWC, in relation to the application; or

(b) failed to comply with a direction or order of the FWC relating to the application; or

(c) failed to discontinue the application after a settlement agreement has been concluded.

....

(2) The FWC may exercise its power under subsection (1) on application by the employer.

(3) This section does not limit when the FWC may dismiss an application.

[9] Section 593 of the Act provides that the Commission is not required to hold a hearing except as provided by the Act.

[10] As Ms Buckland did not file any material in opposition to the application to dismiss, I will determine the application on the papers.

[11] After considering all the material, Ms Buckland’s application for remedy from unfair dismissal is dismissed. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

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