Lisa Craig v Link Advice Pty Ltd (Part of the Link Group) (Now Part of MUFG)
[2024] FWC 2748
•2 OCTOBER 2024
| [2024] FWC 2748 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Lisa Craig
v
Link Advice Pty Ltd (Part Of The Link Group) (Now Part Of MUFG)
(U2024/9444)
| DEPUTY PRESIDENT BOYCE | SYDNEY, 2 OCTOBER 2024 |
Application for an unfair dismissal remedy
On 19 August 2024, Ms Lisa (Applicant) filed an application pursuant to s.394 of the Fair Work Act 2009 (Act) with the Fair Work Commission (Commission), being an application for an unfair dismissal remedy (Application). The Respondent to the Application is Link Advice Pty Ltd (Part Of The Link Group) (Now Part Of MUFG) (Respondent).
Direction [2] of the Directions issued on 24 September 2024 reads:
“[1]By 4.00pm AEST on Tuesday, 1 October 2024, the Applicant must file with the Commission and serve upon the Respondent an outline of submissions, witness statements, and any documents in support of her substantive unfair dismissal application.”
The Applicant did not comply with Direction [2].
On 1 October 2024, at 6:08PM AEST, the following email (Show Cause Email) was sent to the Applicant:
“Dear Ms Craig,
Re: U2024/9444 - Lisa Craig v Link Advice Pty Ltd (Part Of The Link Group) (Now Part Of MUFG)
I refer to the matter above.
Background
On 24 September 2024, the Fair Work Commission issued the attached Directions in this matter.
Direction [2] of those directions read as follows:
[2] By 4.00pm AEST on Tuesday, 1 October 2024, the Applicant must file in the Commission and serve upon the Respondent an outline of submissions, witness statements, and any documents in support of her substantive unfair dismissal claim.
To date, Chambers has not received any materials in compliance with Direction [2].
Further directions regarding show cause
In view of the foregoing, the Deputy President directs as follows:
[1] The Applicant is to file with the Commission, and serve on the Respondent, written submissions regarding their non-compliance with directions. Further, the Applicant is to make submissions as to why this matter should not be dismissed. The Applicant is to comply with this Direction by no later than 12:00pm AEST Tomorrow, Wednesday 2 October 2024.
[2] If the Applicant does not comply with Order [1] above, or if the Deputy President is not satisfied by the Applicant’s submissions, the matter will be dismissed without further notice.
Yours faithfully,
[Associate].”
On 2 October 2024, at 6:40AM AEST, the following email (the Reply Email) was sent by the Applicant to Deputy President Boyce’s Chambers:
“Hi team and [Associate]
Thanks for the reminder. The way I understood your letter outlining dates was you are looking for information at each point of time? What I can say is this.
My application outlined the disgusting behaviour taken by the people within the company towards myself. This matter is incredibly upsetting and I ask for compnsation. There are quite a few other outstanding matters as ti why I am unable ti submit further evidence which I would like the opportunity to discuss with [Associate] and only [Associate] with no one else on attendance to thus information look forward to a resolution very soon thanks again lisa craig
Thanks”
On 2 October 2024, at 9:33AM, the following email (the Further Email) was sent to the Applicant:
“Dear Ms Craig,
Chambers confirms receipt of your email below.
The Directions issued on 24 September 2024 required you to file ‘an outline of submissions, witness statements, and any documents in support of her substantive unfair dismissal claim’. Your email below fails to engage (at all) with this Direction, or the basis upon which you have failed to comply with same.
You are now directed (required) to file ‘an outline of submissions, witness statements, and any documents in support of her substantive unfair dismissal claim’ by no later than 4:00pm today. Should you fail to comply, your case will be immediately dismissed without further notice to you.
In respect of communicating or otherwise speaking with the writer only, the Commission’s policy on communication with the Commission requires openness and transparency. This means all parties to the matter must be copied into any and all communications and correspondence to Chambers. No communications can be ‘private’ or undisclosed.
Yours faithfully,
[Associate]”
The Applicant has made no response to the Further Email.
Legislative Provisions
Section 587 of the Act reads:
“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.”
In Rebecca Tomas v Symbian Health [2011] FWA 5458, Commissioner Gooley stated the following with respect to the operation of s.587 of the Act:
“[57] Section 587 gives [the Fair Work Commission] the power to dismiss a matter. Section 587(a), (b) and do not limit [the Fair Work Commission’s] power to dismiss matters for other reasons.”
Consideration
As the Applicant has made no attempt to comply with Direction [2] and/or the Show Cause email and/or the Further Email, and has failed to contact the Commission or otherwise explain their non-compliance, I have decided to dismiss their Application.
In dismissing the Applicant’s Application, I find that the Applicant’s non-compliance with Direction [2], the Show Cause Email, and the Further Email, to be wholly unexplained, and wholly unsatisfactory.
Pursuant to s.587(3)(a) of the Act, the Application is dismissed for want of prosecution. An Order dismissing the Application will be published contemporaneously with this decision.
DEPUTY PRESIDENT
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