Lisa Hooper v Cue & Co Pty Ltd T/A Veronika Maine

[2014] FWC 7229

[2014] FWC 7229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Lisa Hooper
v
Cue & Co Pty Ltd T/A Veronika Maine
(U2014/7255)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 14 OCTOBER 2014

Application for relief from unfair dismissal.

[1] On 15 May 2014, Ms Lisa Hooper made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009. Ms Hooper’s employment had been terminated by Cue & Co Pty Ltd T/A Veronika Maine on 28 April 2014.

[2] The matter was listed for conciliation on 27 June 2014, 11 July 2014 and 25 July 2014 however it could not take place on either listing date. Consequently, directions were issued and the matter was listed for hearing.

[3] Ms Hooper was directed to file an outline of submissions, any witness statements and other documentary material she wished to rely on by noon, on 8 September 2014.

[4] Ms Hooper requested an extension to file her submissions. A further period of time was granted and Ms Hooper was required to file her material by 29 September 2014.

[5] Ms Hooper did not comply with this direction and the matter was listed for a non compliance hearing before Commissioner Johns on 3 October 2014.

[6] At the non compliance hearing on 3 October 2014, Veronika Maine made an oral application, pursuant to s.399A of the Act, that the matter be dismissed as Ms Hooper had failed to comply with the direction of the Fair Work Commission. I waived compliance with the Fair Work Commission Rules 2013 and accepted Veronika Maine’s oral application.

[7] Ms Hooper was directed to file submissions and other documentary material in respect of Veronika Maine’s application by close of business, on 10 October 2014. Ms Hooper was advised that if she failed to comply with this direction, her application would be dismissed.

[8] Ms Hooper did not file any material with the Commission.

[9] Section 399A of the Act provides as follows:

399A Dismissing applications

(1) The FWC may, subject to subsection (2), dismiss an application for an order under Division 4 if the FWC is satisfied that the applicant has unreasonably:

(a) failed to attend a conference conducted by the FWC, or a hearing held by the FWC, in relation to the application; or

(b) failed to comply with a direction or order of the FWC relating to the application; or

(c) failed to discontinue the application after a settlement agreement has been concluded.

....

(2) The FWC may exercise its power under subsection (1) on application by the employer.

(3) This section does not limit when the FWC may dismiss an application.

[10] Section 593 of the Act provides that the Commission is not required to hold a hearing except as provided by the Act.

[11] On 9 October 2014, Ms Hooper advised that due to a death in her home, she could not file material. Ms Hooper did not advise who or what had died. Nor did she apply for an extension of time.

[12] Commissioner Johns advised Ms Hooper at the non compliance hearing that if she did not respond her application would be dismissed.

[13] Ms Hooper has failed to comply with directions of the Commission to file material in support of her application.

[14] After considering all the material, Ms Hooper’s application for remedy from unfair dismissal is dismissed. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

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