Jack Hunia v Cape Australia Holdings Pty Ltd T/A Cape

[2013] FWC 8432

[2013] FWC 8432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jack Hunia
v
Cape Australia Holdings Pty Ltd T/A Cape
(U2013/3627)

DEPUTY PRESIDENT MCCARTHY PERTH, 25 OCTOBER 2013

Application for relief from unfair dismissal.

[1] An application for unfair dismissal remedy was lodged by Mr Jack Hunia (the Applicant). The Applicant asserted he had been unfairly dismissed from his employment with Cape Australia Holdings Pty Ltd (the Respondent).

[2] I issued Directions on 13 September 2013 that the Applicant provide an outline of submissions and any witness statements and any other documentary material by 10 October 2013. I also listed the matter for a Determinative Conference on 7 November 2013.

[3] As nothing had been received from the Applicant I sent a letter to him on 15 October 2013 requesting him to advise me by 22 October 2013 any reason or reasons why he had not complied with the Directions I issued. I indicated that if no response was received I would presume that he had discontinued his application. I also advised him that if the employer made an application for the matter to be dismissed due to his failure to comply with my Directions I may dismiss the application on those grounds. I also cancelled the listing for 7 November 2013. I have received no response or communication at all from the Applicant.

[4] On 21 October 2013 the Respondent lodged an application that the unfair dismissal application be dismissed. The grounds for the application outline the history of the Applicant’s non-compliance with directions of the Fair Work Commission (the FWC) and non-attendance at proceedings of the FWC

[5] I am satisfied that the Applicant has unreasonably failed to comply with the Directions I issued on 13 September 2013. The application is dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR543816>