Leeanne Mercer v Clinical Laboratories Pty Ltd

[2019] FWC 1491

[2019] FWC 1491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Leeanne Mercer
v
Clinical Laboratories Pty Ltd
(U2018/13503)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 7 MARCH 2019

Application for an unfair dismissal remedy.

[1] This decision relates to an unfair dismissal application by Ms Leeanne Mercer pursuant to s.394 of the Fair Work Act 2009 (Cth) (Act) against her former employer, Clinical Laboratories Pty Ltd.

[2] The applicant and respondent attended a directions hearing by telephone on 5 February 2019. During the directions hearing, the applicant indicated that she may wish to discontinue her unfair dismissal proceedings against the respondent. As a result, a Notice of Discontinuance was sent to the applicant on 5 February 2019 and the applicant was informed that if she did not file a signed Notice of Discontinuance directions would be issued and the matter set down for hearing. A Notice of Discontinuance was not filed by the applicant. On 11 February 2019, directions were issued and a hearing date was set for 10 April 2019. The applicant was directed to file and serve an outline of submissions, witness statements and other documentary material in support of her application, by 4.00pm on Monday, 4 March 2019. No material was filed by or on behalf of the applicant within that timeframe.

[3] On 5 March 2019, the applicant was sent an email from my chambers in the following terms:

“I refer to the attached directions in this matter made by Deputy President Saunders on 11 February 2019.

You were directed to file and serve an outline of submissions, witness statements and other documentary material in support of your claim by no later than 4.00pm on Monday, 4 March 2019. We note that we have not received any material in accordance with this direction.

As a matter of urgency, you are directed to file and serve an outline of submissions, witness statements and other documentary material you intend to rely on in this matter by no later than 4:00pm on Wednesday, 6 March 2019. If you fail to comply with this direction, the Deputy President may dismiss your unfair dismissal application without further notice to you.”

[4] No response was received to this correspondence, nor has any material been filed by the applicant in compliance with the directions.

[5] For the reasons set out in the previous three paragraphs, I have decided to exercise my discretion pursuant to s.587(1) of the Act to dismiss the applicant’s unfair dismissal application against the respondent in these proceedings. The application is therefore dismissed, the hearing date on 10 April 2019 is vacated, and the directions made on 11 February 2019 are vacated.

DEPUTY PRESIDENT

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