Kevin Ritchie v Securecorp (Vic) Pty Ltd

[2019] FWC 8479

[2019] FWC 8479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Kevin Ritchie
v
Securecorp (Vic) Pty Ltd
(U2019/11447)

VICE PRESIDENT CATANZARITI DARWIN, 16 DECEMBER 2019

Application for an unfair dismissal remedy.

[1] On 12 October 2019, the Fair Work Commission (the Commission) received an application from Kevin Ritchie for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act), in respect of his employment with ‘Securecorp (Vic) Pty Ltd’.

[2] On 8 November 2019, SECUREclean (Qld) Pty Ltd (the Respondent) filed an Employer’s Response (Form F3), raising a jurisdictional objection on the basis that Mr Ritchie’s application was lodged out of time.

[3] Mr Ritchie says his dismissal took effect on 3 July 2019. The Respondent says that Mr Ritchie voluntarily resigned on 15 September 2019.

[4] On 29 November 2019, my chambers sent Mr Ritchie correspondence about the extension of time issue. I directed him to provide a statement by 4:00 pm on 6 December 2019 in support of obtaining an extension of time in which to validly lodge his application. However, no response was received.

[5] On 9 December 2019, my chambers sent further correspondence to Mr Ritchie, directing him to respond by 4:00 pm on 12 December 2019, and advising that if he did not respond, his application may be dismissed.

[6] To date, Mr Ritchie has not responded to any of the Commission’s correspondence.

[7] Section 587 of the Act provides:

“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.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3 2, see section 399A.

(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.”

[8] The words, “[w]ithout limiting when FWC may dismiss an application” at the commencement of s.587(1) of the Act establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c).

[9] In the circumstances, I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the Act.

[10] An order to that effect will issue with this decision.

VICE PRESIDENT

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