John Griffiths v Bingo Group Pty Ltd T/A Bingo Bins

[2015] FWC 7402

[2015] FWC 7402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

John Griffiths
v
Bingo Group Pty Ltd T/A Bingo Bins
(U2015/9510)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 27 OCTOBER 2015

Application for relief from unfair dismissal.

[1] On 20 July 2015, Mr John Griffiths made an application for remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act). Mr Griffiths’ employment had been terminated by Bingo Group Pty Ltd on 9 July 2015.

[2] The matter was listed for conciliation on 10 August 2015, however, it could not take place. Consequently, directions were issued and the matter was listed for hearing.

[3] Mr Griffiths was directed to file an outline of submissions, any witness statements and other documentary material he wished to rely on by noon, on 28 September 2015.

[4] Mr Griffiths did not comply with this direction.

[5] On 2 October 2015, the Bingo Group filed an objection to the application and sought the dismissal of Mr Griffiths’ application. Bingo Group based their objection on grounds which include failure to comply with directions.

[6] On 6 October 2015, Mr Griffiths was sent correspondence informing him of Bingo Group’s section 399A application. Mr Griffiths was directed to file submissions and other documentary material in respect of Bingo Group’s application by close of business, on 16 October 2015. Mr Griffiths was advised that if he failed to comply with this direction, his application would be dismissed.

[7] Mr Griffiths did not file any material with the Commission.

[8] Section 399A of the Act provides as follows:

399A Dismissing applications

(1) The FWC may, subject to subsection (2), dismiss an application for an order under Division 4 if the FWC is satisfied that the applicant has unreasonably:

(a) failed to attend a conference conducted by the FWC, or a hearing held by the FWC, in relation to the application; or

(b) failed to comply with a direction or order of the FWC relating to the application; or

(c) failed to discontinue the application after a settlement agreement has been concluded.

....
(2) The FWC may exercise its power under subsection (1) on application by the employer.

(3) This section does not limit when the FWC may dismiss an application.

[9] I am satisfied that Bingo Group’s objection filed on 2 October 2015 is an application to have the matter dismissed for Mr Griffiths’ failure to comply with a direction.

[10] Section 593 of the Act provides that the Commission is not required to hold a hearing except as provided by the Act.

[11] As Mr Griffiths did not file any material in opposition to the application to dismiss, I will determine the application on the papers.

[12] After considering all the material, Mr Griffiths’ application for remedy from unfair dismissal is dismissed. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

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