Kenneth George Constantinidis v Executive Risk Solutions (Staffing Solutions) Pty Ltd T/A Executive Risk Solutions Summary

[2022] FWC 51

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739—Dispute resolution

Kenneth George Constantinidis
v

Executive Risk Solutions (Staffing Solutions) Pty Ltd T/A Executive Risk Solutions

(C2021/8242)

COMMISSIONER WILLIAMS

PERTH, 14 JANUARY 2022

Alleged dispute about any matters arising under the modern award and the NES; [s146]

With respect to this application made under section 739 of the Fair Work Act 2009 (Cth), the Commission sent the parties a Notice of Listing on 7 December 2021 advising that a conference had been listed for 10:30 AM Thursday, 13 January 2022.

That Notice of Listing directed both parties to attend that conference in person.

On Thursday, 13 January 2022 a representative of the Respondent attended the conference however, the Applicant failed to attend.

As at the date and time of this decision the Applicant has not contacted the Commission regarding his absence, or at all.

Given the Applicant’s failure to prosecute this application that he initiated, in fairness to the Respondent this application will now be dismissed.

An Order [PR737467] to that effect will now be issued.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Kenneth George Constantinidis versus Executive Risk Solutions (Staffing Solutions) Pty Ltd trading as Executive Risk Solutions, the applicant brought forward a dispute that pertained to matters under the modern award and the National Employment Standards (NES). This case was adjudicated by the Fair Work Commission under section 739 of the Fair Work Act 2009, with Commissioner Williams presiding over the proceedings in Perth on 14 January 2022. The applicant, Mr. Constantinidis, had filed an application which was listed for a conference on 13 January 2022. However, despite being notified to attend in person, the applicant did not appear for the conference, nor did he contact the Commission regarding his absence.

The legal issues that required resolution centred on the applicant's failure to attend the listed conference as mandated by the Commission, despite his initiation of the application. This non-appearance and lack of communication raised questions about the applicant's commitment to pursuing the dispute, as well as the fairness to the respondent, Executive Risk Solutions, who had attended the scheduled conference. The Commission had to determine whether the application should proceed in the absence of the applicant and if it was equitable to dismiss the application under these circumstances.

In rendering the decision, Commissioner Williams noted the applicant's absence from the conference and his failure to contact the Commission, which had occurred despite being duly notified. Given that the applicant had not taken any steps to address his absence or to indicate any intention to pursue the matter further, the Commissioner concluded that it was in the interest of fairness to the respondent to dismiss the application. The Commission found that the applicant's lack of participation and communication effectively meant that he had abandoned his application. Consequently, the Commission dismissed the application, and an appropriate order was issued to that effect.

Kenneth George Constantinidis v Executive Risk Solutions (Staffing Solutions) Pty Ltd T/A Executive Risk Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established