Jason-Grant Shannon Moss v National AG Pty Ltd

[2024] FWC 2208

[2024] FWC 2208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Jason-Grant Shannon Moss
v

National AG Pty Ltd

(U2024/7364)

DEPUTY PRESIDENT DEAN CANBERRA, 20 AUGUST 2024

Application for an unfair dismissal remedy.

1. On 26 June 2024 Mr Jason-Grant Shannon Moss (Applicant) made an application pursuant to s.394 of the Fair Work Act 2009 for a remedy in respect of his alleged unfair dismissal from National AG Pty Ltd.

1. The matter was listed for conciliation on 30 July 2024. The conciliation did not take place due to the Applicant’s failure to attend. The Applicant was not able to be contacted by telephone and did not contact the Commission about his non-appearance.

2. The application then came before me at a telephone conference scheduled to be held on 16 August 2024 and the Applicant again did not attend. Numerous attempts were made to contact the Applicant at the commencement time of the conference without success.

3. The Commission subsequently sent correspondence to the Applicant directing him to provide an explanation by 19 August 2024 for his non-attendance at the conference. The Applicant was advised that his application would be dismissed if he failed to provide a compelling reason for his non-attendance.

1. No correspondence has been received from the Applicant to this date.

1. Section 587 of the Act provides the Commission with a broad discretion to dismiss an application. It reads:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or
(b) the application is frivolous or vexatious; or
(c) the application has no reasonable prospects of success.

(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or
(b) has no reasonable prospects of success.

(3) FWC may dismiss an application:

(a) on its own initiative; or
(b) on application.

1. The Applicant has made no contact with the Commission since lodging the application on 26 June 2024. I am satisfied that in failing to attend the Commission proceedings on two occasions and failing to respond to the Commission’s correspondence, the Applicant has not demonstrated an intention to pursue his unfair dismissal application. Accordingly, I have decided to dismiss the application for want of prosecution pursuant to s.587 of the Act.

1. An order dismissing the application will be issued with this decision.

DEPUTY PRESIDENT

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