Julia Nation v Azam and Company Pty Ltd T/A Natural Choice Health Stores

[2015] FWC 5792

[2015] FWC 5792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Julia Nation
v
Azam and Company Pty Ltd T/A Natural Choice Health Stores
(U2015/7891)

COMMISSIONER LEE MELBOURNE, 27 AUGUST 2015

Application for relief from unfair dismissal - failure to prosecute application - no reasonable prospects of success - application dismissed.

[1] This matter involves an application made to the Fair Work Commission (the Commission) pursuant to section 394 of the Fair Work Act 2009 (the Act) for unfair dismissal remedy. Ms Julia Nation (the Applicant) claims that she was unfairly dismissed from her employment with Azam and Company Pty Ltd T/A Natural Choice Health Stores (the Respondent).

[2] The application was made by the Applicant on 26 May 2015. The Form F3 - Employer’s Response to Application for Unfair Dismissal Remedy, lodged by the Respondent on 23 June 2015, objected to the application on the basis that the application was been made outside the statutory time limit.

[3] On 2 June 2015, directions were issued for the Applicant to complete and return an Applicants outline of Argument: extension of time and Applicant Statement of Evidence by close of business Friday 12 June 2015. The Applicant filed a completed Applicant’s outline of Argument: extension of time, by the due date.

[4] On 24 June 2015, Acting Panel Head Commissioner Wilson issued Directions for the filing of further material. The Respondent was directed to file by Friday 3 July 2015 and the Applicant was directed to file by Monday 13 July 2015. The matter was then listed for Jurisdiction Conference/Hearing by video link between Melbourne and Perth on 17 July 2015 at 9:30am AWST, 11:30am AEST.

[5] The Respondent and Applicant filed in compliance with the directions.

[6] The Applicant failed to attend the Jurisdiction Conference/Hearing on 17 July 2015. The Respondent attended in person in Perth.

[7] In the afternoon of 17 July 2015, my chambers received a telephone call from the Applicant’s mother. My associate indicated that the Applicant would shortly be sent correspondence asking for the Applicant to provide a reason as to why she did not attend the hearing.

[8] On 21 July 2015, my chambers sent correspondence to the Applicant in the following terms;

“I refer to the above matter which was listed for hearing at 9:30 am (Perth time) on 17 July 2015.

You failed to attend the hearing. My associate attempted to contact you without success.

I ask that you provide reasons and evidence as to why you did not attend the hearing.

If I do not hear from you with in seven (7) days from the date of this letter I will dismiss the application without further notice.

If you do not wish to continue with the application please advise my Chambers by email at [email protected] or by telephone [phone].”

[9] No further correspondence was received from the Applicant.

[10] The Applicant failed to attend the Commission to prosecute her application. When asked by the Commission to provide a reason for her non-attendance, the Applicant did not provide a response.

[11] I have determined that in light of the above, the Applicant’s application has no reasonable prospects of success, and pursuant to s587(1)(c) of the Act, the application is dismissed. An order 1 will issue concurrently.

COMMISSIONER

Appearances:

G Howe appeared for the Respondent

Hearing details:

2015

Melbourne and Perth (by video link):

July 17

 1   PR571156

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