Justin Lloyd v Tompsett Asphalt Pty Ltd

[2023] FWC 2888

[2023] FWC 2888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Justin Lloyd
v

Tompsett Asphalt Pty Ltd

(U2023/8545)

DEPUTY PRESIDENT COLMAN MELBOURNE, 2 NOVEMBER 2023

Application under s 399A – failure to comply with directions – application granted

1. The following is an edited version of a decision delivered on transcript earlier today. Justin Lloyd made an unfair dismissal application under s 394 of the Fair Work Act 2009 (Act). On 13 October 2023, I issued directions that Mr Lloyd file submissions and evidence by 27 October 2023. He failed to do so. On 30 October 2023, Tompsett Asphalt Pty Ltd (Tompsett) made an application to dismiss Mr Lloyd’s application under s 399A. I listed the matter for non-compliance hearing at 12.00 on 2 November 2023 and advised the parties that I would consider the s 399A application at that time. Mr Lloyd failed to attend the proceeding.

1. Section 399A states that the Commission may dismiss an application if it is satisfied that the applicant has unreasonably failed to attend a conference or hearing held by the Commission, or has unreasonably failed to comply with a direction of the Commission relating to the application. Mr Lloyd failed to comply with my directions of 13 October 2023 and failed to attend today’s proceeding. Mr Lloyd has provided no explanation for his failure to comply with my directions or attend the proceeding today. I conclude that those failures were unreasonable. The discretion to dismiss an application pursuant to s 399A has been enlivened. It is appropriate to exercise it. Mr Lloyd has failed to engage with the process relating to his own application. That application is dismissed.

DEPUTY PRESIDENT

Hearing details:

2023
Melbourne
2 November

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