Maninderpal Singh Gill v Ali Nazariyan/Diana Pty Co Ltd

[2023] FWC 1505

[2023] FWC 1505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Maninderpal Singh Gill

v

Ali Nazariyan/Diana Pty Co Ltd

(U2023/1755)

VICE PRESIDENT CATANZARITI SYDNEY, 23 JUNE 2023

Application for an unfair dismissal remedy.

1. Maninderpal Singh Gill (the applicant) began employment with Ali Nazariyan/Diana Pty Co Ltd (the respondent) on the 12^th of August 2022 and was allegedly dismissed on the 12^th of February 2023.
   
   

2. On the 3^rd of March 2023, the applicant made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).
   
   

3. The legal business name nominated by the respondent in their F3 – Employer’s Response Form in this matter was Dianas Contract Pty Ltd. The respondent also raised an objection claiming that the applicant was never hired as an employee.
   
   

4. On the 8^th of June 2023, correspondence was sent to the applicant in relation to the legal business name discrepancy and jurisdictional objection mentioned above and he was required to respond by the 15^th of June 2023. No response was received at this time.
   
   

5. Further correspondence was sent to the applicant on the 16^th of June 2023, and he was required to respond by the 21^st of June 2023 at 5:00pm. It was in this correspondence the applicant was notified that if no response was received, his application would be dismissed without any further notice.
   
   

6. To date, the applicant has not responded to any of the correspondence sent by my Chambers.

1. 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.

(2) Despite paragraphs (1)(b) and (c), 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) FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.

1. The words, “Without 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).

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

1. An order to that effect will issue with this decision.

VICE PRESIDENT

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