Karin Taggart v Bingo Industries

[2021] FWC 5549

[2021] FWC 5549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Karin Taggart
v
Bingo Industries
(U2021/6311)

COMMISSIONER BISSETT MELBOURNE, 7 SEPTEMBER 2021

Application for an unfair dismissal remedy –application dismissed under s.587 at the Commissioner’s initiative.

[1] On 19 July 2021 Ms Karin Taggart (Applicant) made an application to the Fair Work Commission seeking relief from unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The matter was listed for Case management conference/Mention before me on 20 August 2021.

[3] On 20 August 2021 Mr Aran Mylvaganam from the Australian Workers’ Union, (representative), emailed the Commission advising that the Applicant “has decided not to proceed with this matter”.

[4] The Commission wrote to the Applicant and her representative later that day requesting that the Applicant file a Notice of Discontinuance as soon as possible.

[5] As no response was received, the Commission again wrote to the Applicant and her representative on 27 August 2021 requesting that the Applicant file a Notice of Discontinuance or to confirm in writing that the file can be closed by no later than 31 August 2021. No response was received.

[6] On 1 September 2021 I instructed my associate to send correspondence to the Applicant and her representative requesting a Notice of Discontinuance or confirmation in writing that the file could be closed. The correspondence warned the Applicant and her representative that failure to respond to the correspondence by 4.00 pm on Friday,  3 September 2021 will result in the application being dismissed without further correspondence.

[7] No response has been received from the Applicant or her representative and no action has been taken by the Applicant to advise of her intentions to proceed with this application.

[8] Section 587 of the FW Act provides as follows:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.”

[9] In light of the Applicant’s failure to respond, I am satisfied that the Applicant does not intend to pursue her s.394 application.

[10] Accordingly, I have decided to dismiss the application, on my own initiative, pursuant to s.587(3)(a) of the FW Act. An order 1 to this effect will be issued with this decision

COMMISSIONER

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