Mark Bransby v Manbulloo Ltd

[2015] FWC 8915

[2015] FWC 8915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Mark Bransby
v
Manbulloo Ltd
(U2015/13687)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 23 DECEMBER 2015

Application for relief from unfair dismissal.

[1] On 18 October 2015, Mr Mark Bransby made an application for remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act). Mr Bransby’s employment had been terminated by Manbulloo Ltd on 7 October 2015.

[2] The matter was listed for conciliation on 20 November 2015, however it could not take place. Consequently, directions were issued and the matter was listed for hearing.

[3] Mr Bransby was directed to file an outline of submissions, any witness statements and other documentary material he wished to rely on by noon, on 30 November 2015.

[4] On 30 November 2015, an attempt was made to telephone Mr Bransby, however there was a notification that the phone number had been disconnected. An email was sent to Mr Bransby on the same day.

[5] Mr Bransby did not comply with the direction to file material and the matter was listed for a non compliance hearing before me on 11 December 2015.

[6] Mr Bransby did not attend the non compliance hearing. Manbulloo made an oral application, pursuant to s.399A of the Act, that the matter be dismissed as Mr Bransby had failed to comply with the direction of the Fair Work Commission. I waived compliance with the Fair Work Commission Rules 2013 and accepted Manbulloo’s oral application.

[7] On 11 December 2015, Mr Bransby was sent correspondence informing him of Manbulloo’s section 399A application. Mr Bransby was directed to file submissions and other documentary material in respect of Manbulloo’s application by close of business, on 21 December 2015. Mr Bransby was advised that if he failed to comply with this direction, his application would be dismissed.

[8] Mr Bransby 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] As Mr Bransby did not file any material in opposition to the application to dismiss, I will determine the application on the papers.

[12] After considering all the material, Mr Bransby’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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