Jeremy Attard v Australian Postal Corporation

[2020] FWC 3825

[2020] FWC 3825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Jeremy Attard

v

Australian Postal Corporation

(U2020/9009)

Commissioner Bissett MELBOURNE, 23 JULY 2020

Application for an unfair dismissal remedy – revocation of decision and order pursuant to s.603.

1. On 1 July 2020 the Fair Work Commission received an application from Mr Jeremy Attard (Applicant) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (FW Act).

1. On 17 July 2020 the Commission issued a decision[1] and order[2] (the 17 July 2020 decision and order) dismissing the application on its own initiative pursuant to s.587(1)(a) of the FW Act, as it appeared that the Applicant had failed to respond to the Commission’s correspondence directing him to make payment of his application or file a fee waiver form.

1. On 20 July 2020 the Commission received email correspondence from the Applicant’s representative advising that the Applicant had a medical condition that prevented him from attending to communication from the Commission in a timely manner or notifying his representative of the communications. The Applicant’s representative requested that the Applicant be granted the ability to reopen his unfair dismissal matter taking into account his medical condition.

1. On 22 July 2020 the Applicant’s representative emailed correspondence to the Commission further advising that their office did not have a record of the Commission’s correspondence and their voicemail message bank may have been full due to dealing with many calls associated with the effects of COVID-19. That correspondence also advised that the Applicant’s representative enquired about Mr Attard’s matter when speaking to the Commission in relation to a different unfair dismissal matter, and they were not informed at that time about the issues with Mr Attard’s application.

1. In these circumstances, I have decided to revoke the 17 July 2020 decision and order pursuant to s.603 of the FW Act. An order[3] to that effect will be issued shortly.

1. The Commission will contact the Applicant’s representative in due course to request payment of the application fee or a completed fee waiver form.

COMMISSIONER

[1] [2020] FWC 3769.

[2] PR721084.

[3] PR721164.

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