Kendle Davies v A&M Group Pty Ltd

[2020] FWC 2844

[2020] FWC 2844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 394—Unfair dismissal

Kendle Davies
v
A&M Group Pty Ltd
(U2020/3315)

DEPUTY PRESIDENT SAMS SYDNEY, 1 JUNE 2020

Application for an unfair dismissal remedy – applicant failed to attend telephone conference – attempts made to contact applicant to no avail – submissions not filed in accordance with directions – application dismissed for want of prosecution.

[1] Ms Kendle Davies (the ‘applicant’), filed an unfair dismissal application with the Fair Work Commission pursuant to s 394 of the Fair Work Act 2009 (the ‘Act’), after her employment with the respondent, A&M Group Pty Ltd, was terminated on 19 March 2020.

[2] In accordance with my usual practice, I listed the matter for telephone conference on 13 May 2020. The applicant was unable to be reached at this time, having cause for my Associate to send the following email to the applicant:

‘Dear Ms Davies,

I refer to the above matter, and refer to your non-attendance at today’s teleconference listed at 11:30am, despite Chambers attempting to contact you on multiple occasions. The Commission had set this matter down during a spike in Commission matters being lodged, and costs by the Commission were wasted due to your non-attendance.

His Honour requires an explanation by way of evidence as to your non-attendance by close of business Friday 15 May 2020. If you do not provide an explanation in writing, the matter may be closed for a failure of want of prosecution.

You are reminded that your submissions are due to be filed by 4pm 20 May 2020 (see the attached directions).

Parties are reminded that all correspondence with Chambers must copy in the other side.

Regards,

Daniel McNamara

Associate to the Hon. Deputy President P Sams AM’

[3] Despite attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, she has not done so, nor has she filed her submissions in accordance with the directions issued on 29 April 2020. Therefore, pursuant to s 587 of the Act, the application is dismissed for want of prosecution. I so order.

DEPUTY PRESIDENT

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