Matthew Hall v Brisbane Metropolitan Touch Association Inc

[2014] FWC 2792

[2014] FWC 2792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Matthew Hall
v
Brisbane Metropolitan Touch Association Inc.
(U2011/10857)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 29 APRIL 2014

Application for relief from unfair dismissal - request for an indefinite adjournment.

[1] Mr Matthew Hall was dismissed by Brisbane Metropolitan Touch Association Inc (BMTA) on 3 August 2011. The application was conciliated on 15 September 2011 but it did not settle.

[2] On 14 October 2011, directions were issued and the application was set down for hearing on 12 and 13 December 2011. That hearing was adjourned at the request of BMTA.

[3] On 27 October 2011, Mr Hall sought an extension of time to file his material and he was given until 5 December 2011 to file his material.

[4] On 1 December 2011, Mr Hall requested a three month adjournment of his application. That application was granted and the then Panel Head for the Termination of Employment Panel advised that the matter would not proceed until Mr Hall received a medical clearance.

[5] Mr Hall provided medical certificates in 2012 and 2013. In December 2013, Mr Hall was advised that his matter remained adjourned and he was directed to provide an updated medical certificate by 31 January 2014. On 14 January 2014, he was asked to provide a medical certificate to advise if he was not competent to proceed with his application including the filing of material in support of his application.

[6] On 24 January 2014, he provided a medical certificate which advised that he was unable to file material or to attend or participate in a conference or hearing until 15 April 2014. BMTA was asked if they wished to be heard on Mr Hall’s application.

[7] BMTA’s representative advised that they would consider Mr Hall’s request but no further response was received.

[8] On 14 April 2014, a further medical certificate was provided by Mr Hall advising that he could not file material or to attend or participate in a conference or hearing until 2 July 2014. Again, BMTA were asked for their views in relation to this matter and advised that it did not wish to be heard in relation to this matter.

[9] One of the objects of the Fair Work Act 2009 is to provide a remedy if a dismissal is found to be unfair. Such remedies included reinstatement and/or compensation. The Fair Work Commission, in dealing with unfair dismissal claims, is required to provide a fair go to both employers and employees. Part of that is hearing and determining matters promptly whilst providing procedural fairness to both parties.

[10] I have considered Mr Hall’s advice that he is not fit to prosecute his application. I have also had regard to the fact that BMTA has not opposed these adjournments.

[11] However, this matter cannot continue to be adjourned indefinitely. While Mr Hall suffers a disability, he is not legally incompetent.

[12] Mr Hall’s application will be adjourned until 2 July 2014. I will issue directions for Mr Hall to file material after that date. This should provide Mr Hall with time to prepare his material or obtain representation to enable that material to be prepared. If Mr Hall does not file material in accordance with these directions, I will conduct a hearing to determine whether I should dismiss Mr Hall’s application as it has no reasonable prospects of success.

DEPUTY PRESIDENT

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