Matthew Bank Barwick v Richard Mc Donogh Future Proof Talent Soultions, Meta Verse Talent marketing, Jobfairworld

[2023] FWC 522

[2023] FWC 522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Matthew Bank Barwick
v

Richard Mc Donogh - Future Proof Talent Soultions, Meta Verse Talent marketing, Jobfairworld

(U2023/654)

COMMISSIONER BISSETT MELBOURNE, 3 MARCH 2023

Application for an unfair dismissal remedy

1. On 27 January 2023 Mr Matthew Bank Barwick made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

1. In his application Mr Barwick said that he was employed by Mr Richard Mc Donogh (operating as a sole trader) and was dismissed on 14 December 2023, by virtue of Mr Mc Donogh’s death. In his application Mr Barwick advised that he wished to apply for redundancy under the Fair Entitlements Guarantee.

1. On 30 January 2023 the Commission received correspondence from the legal representative for Mr Mc Donogh’s family members. That correspondence advised that due to the circumstances of Mr Mc Donogh’s death and the administration of his estate, there was presently no one with authority to deal with the application.

1. The matter was then allocated to me for further programming. My chambers sent correspondence to Mr Barwick on 15 February 2023 that advised him of the information provided to the Commission on 30 January 2023. The correspondence also advised that the Commission does not administer the Fair Entitlements Guarantee system and provided information for the relevant website. Mr Barwick was required to respond advising whether he wished to continue with his application no later than 4.00 pm 22 February 2023.

1. No reply was received.

1. My chambers sent further correspondence to Mr Barwick on 24 February 2023 that advised that I was considering dismissing his application for the reasons provided on 15 February 2023. Mr Barwick was asked to provide submissions no later than 4.00 pm 28 February 2023.

1. No further correspondence was received by the Commission from Mr Barwick.

1. Section 587 of the FW 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.

1. In circumstances where the Commission does not have the power to grant the order he seeks, there is no person with authority to act on behalf of the Respondent, and Mr Barwick has failed to respond to the Commission’s correspondence, I am satisfied that Mr Barwick’s application has no reasonable prospect of success.

1. I therefore order that the application be dismissed under s.587(1)(c).

COMMISSIONER

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