Joseph Redfern v Allstaff Australia Pty Ltd

[2016] FWC 3040

[2016] FWC 3040

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Joseph Redfern
v
Allstaff Australia Pty Ltd
(U2016/3535)

COMMISSIONER WILSON MELBOURNE, 13 MAY 2016

Application for relief from unfair dismissal.

[1] On 1 January 2016, Mr Redfern made an application for remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act). Mr Redfern’s employment had been terminated by Allstaff Australia Pty Ltd (Allstaff) on 13 December 2015.

[2] The matter was the subject of conciliation however, the matter was not resolved. Consequently, directions were issued and the matter was listed for hearing.

[3] Mr Redfern was directed to file an outline of submissions, witness statements and other documentary material he wished to rely on by noon, on 18 April 2016.

[4] Mr Redfern requested an extension to file his submissions. A further period of time was granted and Mr Redfern was required to file his material by 9 May 2016.

[5] On 5 May 2016, Allstaff contacted the Commission and advised that it wanted the application dismissed and on 10 May 2016 it filed an application outlining reasons why it wanted to have Mr Redfern’s matter dismissed.

[6] Mr Redfern filed his material on 9 May 2016 as directed.

[7] On 11 May 2016, Mr Redfern was sent correspondence informing him of Allstaff’s application to have the matter dismissed. Mr Redfern was directed to file submissions and other documentary material in respect of Allstaff’s application by close of business, on 23 May 2016. Mr Redfern was advised that if he failed to comply with this direction, his application would be dismissed.

[8] On 12 May 2016, Mr Redfern’s representative asked the Commission to withdraw its correspondence as Mr Redfern had already filed all the material he wished to rely on.

[9] Upon application by an employer, under specific provisions of the Fair Work Act 2009, the Commission has the discretion to dismiss an unfair dismissal application. However, upon reviewing the file and having regard to the circumstances, I am satisfied that Allstaff’s application does not provide sufficient grounds to dismiss Mr Redfern’s application.

[10] Mr Redfern has filed his material and I am not satisfied that he has unreasonably failed to comply with a direction of the Commission. Further, Mr Redfern has not indicated an unwillingness to have his matter ready for hearing. In these circumstances, I will dismiss Allstaff’s application to have the matter dismissed. The matter will remain listed for hearing in June 2016.

COMMISSIONER

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