John Brown v City of Darwin

[2022] FWC 1326

[2022] FWC 1326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

John Brown
v

City of Darwin

(U2022/1100)

VICE PRESIDENT CATANZARITI SYDNEY, 1 JUNE 2022

Application for an unfair dismissal remedy.

1. John Brown was employed by City of Darwin from the 17^th of June 1989 until they were dismissed on the 5^th of January 2022.

1. On the 25^th of January 2022, the applicant made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

1. A conciliation was scheduled to take place on the 14^th of April 2022. The Applicant did not participate and was not able to be contacted.
   
   

2. On the 12^th of May 2022, correspondence was sent to the applicant and the applicant was required to respond by the 25^th of May 2022 to clarify whether they wished to continue their application against the respondent or not.
   
   

3. On the 20^th of May 2022, further correspondence was sent to the applicant directing them to provide a response by 5:00pm on the 25^th of May 2022. They were advised that in the absence of a reply their application may be dismissed.

1. To date, John Brown has not responded to any of the correspondence that my Chambers has sent to this date.

1. Section 587 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.

1. 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).

1. In the circumstances I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the Act.

1. An order to that effect will issue with this decision.

VICE PRESIDENT

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