Jason Miles v Reece Pty Limited T/A Reece Plumbing Group

[2018] FWC 277

[2018] FWC 277

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Jason Miles
v
Reece Pty Limited T/A Reece Plumbing Group
(U2017/11996)

COMMISSIONER HAMPTON ADELAIDE, 15 JANUARY 2018

Application for relief from unfair dismissal – failure of applicant to participate in directions conference – no explanation or contact from applicant – application taken to be abandoned – matter dismissed.

[1] On 10 November 2017, Mr Jason Miles made an application for a remedy in relation to an alleged unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] The matter was listed for a telephone directions conference before the Commission as presently constituted on 19 December 2017 at which time there was no participation by the Mr Miles or anyone acting on his behalf.

[3] Various attempts were then made by my Associate to contact his nominated representative, Unfair Dismissals Australia (UDA), to seek clarification of the applicant’s intentions. No response has been received from UDA.

[4] In these circumstances, contact was also made directly with the applicant on two occasions, including by leaving detailed voice messages on his mobile phone. The calls were followed by a letter to the applicant dated 9 January 2018. Mr Miles was advised that unless he contacted the Commission by Friday 12 January 2018 to advise his intentions with the application, the unfair dismissal application would be taken to be abandoned and dismissed without further notice or hearing.

[5] No response has been received from Mr Miles or anyone acting on his behalf.

[6] Section 587(1) of the Act provides:

“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.”

[7] In considering all the circumstances, I am satisfied that Mr Miles has abandoned his application and that it should be dismissed as a result. Further, given the non-participation of the applicant in proceedings before the Commission, the application itself has no reasonable prospects of success.

[8] Accordingly, I am satisfied that it is appropriate in all of the circumstances to dismiss the application. An order to the end is being issued in conjunction with this decision.

COMMISSIONER

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