Jonathan Riches v The Red Estate Espresso Bar & Café Pty Limited
[2021] FWC 5961
| [2021] FWC 5961 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Jonathan Riches
v
The Red Estate Espresso Bar & Café Pty Limited
(U2020/12139)
| COMMISSIONER CAMBRIDGE | SYDNEY, 1 OCTOBER 2021 |
Application for an unfair dismissal remedy.
The Fair Work Commission (the Commission) issued an Order for Security of Costs in this matter on 18 May 2021, which, inter alia, required that by 25 May 2021, the applicant, Jonathan Riches, was to pay into the trust account of the lawyers representing The Red Estate Espresso Bar & Café Pty Limited (the employer), Frank Law, an amount of $5,000.00, representing payment for security of costs for the prosecution of his Unfair Dismissal Application.
On 27 August 2021, Frank Law sent an email informing the Commission that although details of their trust account has been provided to the Applicant, they had not received the funds Ordered to by paid, and requested the Commission exercise its powers under section 399A of the Act to dismiss the application on the basis of failure to comply with an Order of the Commission.
The applicant has not provided material in compliance with Directions, nor has he provided any explanation for such non-compliance or filed any material in response to the respondent’s application under s.399A.
Therefore, in the circumstances, pursuant to s.399A of the Act, the application is dismissed because the applicant has unreasonably failed to comply with Directions of the Commission.
An Order [PR734137] dismissing the matter will be issued concurrently with this Decision.
COMMISSIONER
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