Mark Woods v Mount Gibson Mining Limited

[2014] FWC 5130

[2014] FWC 5130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Mark Woods
v
Mount Gibson Mining Limited
(U2013/17105)

DEPUTY PRESIDENT MCCARTHY PERTH, 6 AUGUST 2014

Application for relief from unfair dismissal.

[1] An application for unfair dismissal remedy was lodged by Mr Mark Woods (the Applicant) on 5 December 2013. The Applicant asserted that he had been unfairly dismissed from his employment with Mount Gibson Mining Limited (the Respondent).

[2] On 26 February 2014, I conducted a Directions Conference in relation to the matter. There was no appearance by the Applicant, or the Applicant’s representative at the Directions Conference.

[3] On 27 February 2014, I wrote to the Applicant’s representative requesting that he provide me with an explanation for the Applicant’s non-attendance at the Directions Conference. I requested that a response be provided by 6 March 2014. A copy of this letter was also sent to the Applicant by post.

[4] On 6 March 2014, the Applicant’s representative wrote to my Chambers advising that he had inadvertently understood the date for the Directions Conference to be 28 February 2014.

[5] On 21 March 2014, the Respondent filed an application seeking that the Applicant’s application be dismissed on the basis that the Applicant had no reasonable prospects of success. The Respondent filed detailed grounds and submissions in support of their application.

[6] On 9 April 2014, I issued Directions for the Applicant to provide a response to the Respondent’s application for the matter to be dismissed by 24 April 2014. A copy of the Directions was sent to the Applicant’s representative. A copy was also sent to the Applicant by post.

[7] On 2 May 2014, the Applicant’s representative wrote to my Chambers advising as follows:

“I refer to previous orders made in this matter and I have had mail returned from my client’s last known address.

At this stage I have not been able to get instructions in respect of the further matter and I will see if I can locate him by some other means but at this stage I may have to go off the record.”

[8] On 28 May 2014, my Chambers wrote to the Applicant’s representative requesting that he advise whether he intended to file a Form F54 - Notice of Representative Ceasing to Act.

[9] On 6 June 2014, I listed the matter for a Directions Conference by telephone on 4 July 2014. A copy of the Notice of Listing was sent to the Applicant by post, a copy was also sent to the Applicant’s representative.

[10] On 9 June 2014, the Applicant’s representative filed a Form F54 - Notice of Representative Ceasing to Act.

[11] I conducted a Directions Conference by telephone on 4 July 2014. There was no appearance by the Applicant.

[12] On 17 July 2014, a copy of the Notice of Listing for the Directions Conference on 4 July 2014 was returned unopened to the Fair Work Commission with a note on the envelope indicating that the Applicant was “not at this address”.

[13] I have determined to dismiss the application pursuant to s.587 of the Fair Work Act 2009. The application is dismissed.

DEPUTY PRESIDENT

Final written submissions:

Respondent, 21 March 2014.

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