James Bennett v McCARROLLS of Moss Vale Pty Ltd T/A McCARROLLS Automotive Group

[2016] FWC 9255

[2016] FWC 9255

FAIR WORK COMMISSION

REASONS FOR DECISION

Fair Work Act 2009
s.394—Unfair dismissal

James Bennett
v
McCARROLLS OF MOSS VALE PTY LTD T/A McCARROLLS AUTOMOTIVE GROUP
(U2016/12721)

SENIOR DEPUTY PRESIDENT DRAKE SYDNEY, 23 DECEMBER 2016

Application for relief from unfair dismissal.

[1] On 25 November 2016 I issued an Order dismissing an application by Mr Bennett lodged on 17 October 2016 pursuant to s.394 of the Fair Work Act 2009 (the Act).

[2] Mr Bennett did not provide an address on his application. However, the Fair Work Commission Case Management System (CMS) recorded a postal address for the applicant and an electronic mail address for his representative.

[3] On 25 October 2016 a listing was forwarded to the electronic mail and postal addresses recorded to the applicant’s representative and the applicant for a conciliation conference to take place on 25 November 2016.

[4] The listing of the conciliation was eventually cancelled and that cancellation was notified to Mr Bennett’s representative at the electronic mail address recorded on CMS. It is apparent that Mr Bennett and his representative were aware of the cancellation of the conciliation notified by the Unfair Dismissal Team to the addresses in CMS.

[5] On 2 November 2016 I forwarded correspondence to Mr Bennett at his postal address requesting an explanation for the late lodgement of his application. That request was copied to Mr Bennett’s representative at the electronic mail address recorded in CMS.

[6] No answer was received from either Mr Bennett or his representative.

[7] I dismissed Mr Bennett’s application on 25 November 2016.

SENIOR DEPUTY PRESIDENT

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