Matthew Meekin v Suez Recycling and Recovery Pty Ltd
[2022] FWC 200
•9 FEBRUARY 2022
| [2022] FWC 200 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Matthew Meekin
v
Suez Recycling and Recovery Pty Ltd
(U2020/12539)
| DEPUTY PRESIDENT DEAN | CANBERRA, 9 FEBRUARY 2022 |
Application for an unfair dismissal remedy – application dismissed.
Mr Matthew Meekin has made an application for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009. Mr Meekin was employed by Suez Recycling and Recovery Pty Ltd (Suez) until his employment was terminated on 4 September 2020.
The application was listed for hearing on 23 and 24 February 2022 and Directions were issued requiring parties to file material in support of their respective case. Mr Meekin was directed to file his material by 11 January 2022 but no material or request for an extension were received from him by the stipulated date.
On 19 January 2022 the Commission wrote to Mr Meekin in respect of his non-compliance with the Directions and requiring him to provide a response or file his material by 4:00 pm on 20 January 2022. No response was received from Mr Meekin.
On 21 January 2022 further correspondence was sent to Mr Meekin allowing him a further 7 days to reply. He was advised that a failure to respond may result in his application being dismissed. Again, no response to the correspondence was received.
On 1 February 2022 the Commission contacted Mr Meekin by telephone. During the telephone discussion, Mr Meekin was advised that a decision dismissing his application would be forthcoming if a response to the correspondence was not received promptly.
To date, Mr Meekin has not contacted the Commission nor filed any material in compliance with the Directions.
Section 587 of the Act provides the Commission with a broad discretion to dismiss an application. It reads:
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.
(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:
(a) is frivolous or vexatious; or
(b) has no reasonable prospects of success.
(3) FWC may dismiss an application:
(a) on its own initiative; or
(b) on application.
I am satisfied that in failing to comply with Directions and failing to respond to the Commission’s correspondence, Mr Meekin has not demonstrated an intention to pursue his unfair dismissal application. Accordingly, I have decided to dismiss the application for want of prosecution pursuant to s.587 of the Act.
An order dismissing the application will be issued with this decision.
DEPUTY PRESIDENT
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