Ian Batchelor v Department of Education, Employment and Workplace Relations
[2012] FWA 5593
•2 JULY 2012
[2012] FWA 5593 |
|
DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Ian Batchelor
v
Department of Education, Employment and Workplace Relations
(U2012/834)
COMMISSIONER DEEGAN | CANBERRA, 2 JULY 2012 |
Unfair dismissal - non-compliance with Directions - application dismissed.
[1] On 13 April 2012 Mr Ian Batchelor (the applicant) lodged an application pursuant to s.394 if the Fair Work Act 2009 (the Act) for a remedy for unfair dismissal in respect of the termination of his employment by the Commonwealth Department of Education, Employment and Workplace Relations (the respondent).
[2] The matter was listed for a conciliation conference on 4 May 2012. The matter did not settle and was further allocated for arbitration. Directions were issued on 8 May 2012, requiring the applicant to file an outline of submissions and witness statements by 29 May in preparation for the arbitration hearing which was listed for 2 July. The applicant did not file the relevant documentation by 29 May and, despite repeated attempts by my Chambers to contact him, by both telephone and email, he has not filed any further documentation with Fair Work Australia to date.
[3] Multiple messages have been left on the applicant’s voicemail service requesting him to contact Fair Work Australia. A number of emails have been sent to the email account that was provided by the applicant in his application. In the emails that have been sent to the applicant and the messages that have been left with his voicemail, it was emphasised that failure to comply with the directions and failure to attend the arbitration hearing, would, in all likelihood, result in the application being dismissed.
[4] On 2 July 2012 when the matter was called on for hearing there was no appearance for the applicant. The applicant has made no contact with Fair Work Australia since the conciliation conference.
[5] Section 587 of the Act provides as follows:
587 Dismissing Applications
(1) Without limiting when FWA may dismiss an application, FWA may dismiss an application if:
(a) the application is not made in accordance with the Act; or
(b) the application is frivolous or vexatious; or
(c) the application has no reasonable prospects of success
(2) Despite paragraph (1)(b) and (c), FWA must not dismiss an application under section 365 or 773 on the ground that the application is:
(a) frivolous or vexatious; or
(b) has no reasonable prospect of success.
(3) FWA may dismiss an application:
(a) on its own initiative
(b) on application.
[6] I note that s.587(1) does not limit the circumstances in which Fair Work Australia may dismiss an application.
[7] In all the circumstances of this matter, I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the Act.
COMMISSIONER
Appearances:
No appearance by the applicant.
Ms R James and Ms P Kurtis for the respondent.
Hearing details:
2012.
Canberra:
2 July.
Printed by authority of the Commonwealth Government Printer
<Price code A, PR525809>
0
0
0