Jason Watson v Parker Placements Pty Ltd

[2018] FWC 1929

[2018] FWC 1929

FAIR WORK COMMISSION

DECISION

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

Jason Watson
v
Parker Placements Pty Ltd
(U2018/119)

DEPUTY PRESIDENT DEAN SYDNEY, 6 APRIL 2018

Application for an unfair dismissal remedy.

[1] On 4 January 2018, Mr Jason Watson made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Watson’s application states that he commenced employment with Parker Placements Pty Ltd (the Respondent) on 7 September 2016 and that his dismissal took effect on 1 December 2017.

[3] The matter was listed for conciliation by telephone before a Fair Work Commission conciliator on 14 February 2018. However the conciliation could not take place as Mr Watson was not able to be contacted at that time.

[4] The application was allocated to me as it appeared that Mr Watson’s application had been made outside the 21 day period prescribed by s.394(2) of the Act. Correspondence to that effect was sent to Mr Watson on 12 March 2018. The correspondence required Mr Watson to file in the Fair Work Commission a statement explaining why the Commission should extend the time for the lodgement of his application.

[5] On 26 March 2018, correspondence was sent to Mr Watson noting that he had previously been directed to file a statement in the Commission but had not done so. Mr Watson was given until 4:00pm on 30 March 2018 to respond. Mr Watson was advised in the absence of any material being received, his application may be dismissed.

[6] On 3 April 2018 a final attempt was made to contact Mr Watson by telephone. The Commission left a voicemail message requesting that he contact my chambers in relation to his application.

[7] To date, Mr Watson has not provided a response to the Commission’s correspondence.

[8] 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.

(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.

[9] The words, “Without limiting when FWC may dismiss an application”, at the commencement of s.587(1) of the Act establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c).

[10] In 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.

[11] An order to that effect will issue with this decision.

DEPUTY PRESIDENT

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