Kaitlyn Raglus v Future Generations Academy Pty Ltd

[2023] FWC 1462

[2023] FWC 1462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Kaitlyn Raglus
v

Future Generations Academy Pty Ltd

(U2023/2884)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 20 JUNE 2023

Application for an unfair dismissal remedy - application dismissed

1. This decision relates to an unfair dismissal application by Ms Kaitlyn Raglus pursuant to s.394 of the Fair Work Act 2009 (Cth) (Act) against her former employer, Future Generations Academy Pty Ltd.

1. The matter was listed for a directions hearing, by telephone, on 17 May 2023. Ms Dehaloo, paid agent from Employee Dismissals, appeared on behalf of Ms Raglus. Ms Raglus herself did not appear.

1. At the commencement of the directions hearing, my Associate attempted to telephone to Ms Raglus about the matter and as the call was not answered, a voicemail message requesting a return call was left.  A further telephone call was made shortly thereafter, again, the call was not answered. Ms Raglus has not responded to these messages.

1. As Ms Dehaloo appeared on behalf of Ms Raglus, the matter was set down for hearing and the following directions were made and sent to the parties by email:

   “Further to this afternoon’s directions hearing in this matter, the Deputy President issues the following directions:

1.By 4pm on 7 June 2023, the applicant must file and serve the witness statements, documents and submissions on which she wishes to rely in support of her application.

2.By 4pm on 28 June 2023, the respondent must file and serve the witness statements, documents and submissions on which it wishes to rely.

3.By 4pm on 5 July 2023, the applicant must file and serve any witness statements, documents and/or submissions in reply to the material filed by the respondent.

4.The matter is listed for hearing, in the Fair Work Commission at Level 3, 237 Wharf Road, Newcastle, at 10am on 10 July 2023.”

1. No material was filed by the Applicant, by 7 June 2023, in accordance with the directions. 

1. On 8 June 2023, the following email was sent from my Chambers to Ms Raglus:

   “Dear Ms Raglus

   I refer to the directions issued in this matter on 17 May 2023 (below).

   In those directions you were directed to file with the Fair Work Commission, and serve on the Respondent, witness statements, documents and submissions you intend to rely on in support of your application in this matter by no later than 4pm on 7 June 2023. No such witness statements, documents and submissions have been filed.

   The Deputy President extends the time by which you must file and serve on the Respondent, witness statements, documents and submissions you intend to rely on in support of your application in this matter to no later than 5pm on 9 June 2023.

   If nothing is filed in support of your application by that time, your unfair dismissal application may be dismissed without further notice to you.

   If you wish to discontinue (i.e. withdraw) your application, you may do so by stating, in an email in reply to this email, that you wish to discontinue your application against Future Generations Academy.  

   I note that if you do not discontinue your application and the Commission dismisses your application because you have not filed any material in support of your application, a publicly available decision must be published on the Fair Work Commission website. The decision will indicate that you have failed to comply with directions issued by the Commission and that your unfair dismissal application was consequentially dismissed.”

1. As no response was received to our email of 8 June 2023, and nothing filed by the Applicant in accordance with the extension granted, the following email was sent from my Chambers on 14 June 2023:

“Dear Ms Raglus and Ms Dehaloo

We refer to our below email in which no response has been received.

The Deputy President makes a final extension of the time by which you must file and serve on the Respondent, witness statements, documents and submissions you intend to rely on in support of your application in this matter to no later than 4pm on 15 June 2023.

If nothing is filed in support of your application by that time, your unfair dismissal application will be dismissed without further notice to you and a decision dismissing your application will be made publicly available.

Please contact me if you have any questions.”

1. On 15 June 2023, Employee Dismissals filed a Form F54 – Notice that a lawyer or paid agent has ceased to act for a person in relation to this matter.

1. My Associate attempted to telephone Ms Raglus on 15 June 2023. As the call was not answered, a voicemail message requesting a return call was left. A further telephone call was made shortly thereafter, again, the call was not answered. My Associate made further attempts to contact Ms Raglus by telephone on 19 June 2023, again, these calls were not answered. Ms Raglus has not responded to any telephone or email correspondence since the matter has been allocated to my Chambers on 15 May 2023.

1. In light of Ms Raglus’ failure to file material in accordance with the directions in this matter, together with the absence of any communication from Ms Raglus, I have decided to exercise my discretion pursuant to s.587(1) of the Act to dismiss Ms Raglus’s unfair dismissal application against the respondent in these proceedings. The application is therefore dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR763382>