Matt Johnston v Sable Labour Hire Pty Ltd Summary

[2023] FWC 2765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Matt Johnston
v

Sable Labour Hire Pty Ltd

(U2023/2421)

COMMISSIONER BISSETT

MELBOURNE, 23 OCTOBER 2023

Application for an unfair dismissal remedy

On 22 March 2023 Mr Matt Johnston (the Applicant) made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the FW Act) alleging he was unfairly dismissed by Sable Labour Hire Pty Ltd (the Respondent).

On 17 April 2023 the Commission was made aware that the Respondent had entered external administration. On 24 April 2023 Mr Johnston was sent correspondence advising him that his matter cannot proceed without leave of a Court.

On 12 October 2023 the Commission sent correspondence to Mr Johnston’s nominated email address advising him that his matter is at risk of being dismissed as it is apparent he does not intend to seek the leave of the Court. Mr Johnston was asked to reply by 4.00 pm 19 October 2023.

The Commission has not received any correspondence from Mr Johnston.

Section 587 of the FW Act provides as follows:

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.

In the circumstances where leave of the Court is required to proceed, and that leave has not been sought by Mr Johnston and no correspondence has been received in relation to Mr Johnston seeking leave of the Court, I am satisfied that Mr Johnston’s application has no reasonable prospects of success.

The application is therefore dismissed.

COMMISSIONER

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CaseChat Overview and Summary

The matter of Matt Johnston versus Sable Labour Hire Pty Ltd was brought before the Fair Work Commission. Mr Johnston claimed to have been unfairly dismissed by the Respondent and sought a remedy under section 394 of the Fair Work Act 2009. The Respondent, Sable Labour Hire Pty Ltd, entered external administration prior to the hearing, and as a consequence, Mr Johnston was notified that his application could not proceed without the leave of a Court. Despite being informed of this requirement and given a deadline to seek such leave, Mr Johnston failed to respond, leading the Commission to consider the prospects of success of his application.

The legal issues before the Commission included whether Mr Johnston's application complied with the requirements of the Fair Work Act, whether it could be considered frivolous or vexatious, and whether it had reasonable prospects of success. The primary focus was on whether Mr Johnston's failure to seek leave of the Court meant that his application lacked reasonable prospects of success, as stipulated in section 587 of the Fair Work Act. The Commission held that, given Mr Johnston's inaction and the necessity of Court leave, his application did not have reasonable prospects of success.

In reaching its decision, the Commission noted that Mr Johnston had not sought leave of the Court to proceed with his application despite being informed of this requirement. The Commission concluded that the application had no reasonable prospects of success due to this failure, and therefore, the application was dismissed. The Commission emphasised that the application could not proceed without leave from the Court and that Mr Johnston's inaction and lack of communication regarding this matter led to the dismissal of his application for unfair dismissal remedy.

As a result of the Commission's decision, the application by Mr Matt Johnston against Sable Labour Hire Pty Ltd was dismissed. The Commission's decision was based on the applicant's failure to seek leave of the Court as required, which led to the conclusion that the application had no reasonable prospects of success. The dismissal of the application was a direct consequence of this failure to comply with procedural requirements, as mandated by section 587 of the Fair Work Act.

Matt Johnston v Sable Labour Hire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established