Matthew Stapleton v Troon Australia - Asia - Pacific

[2014] FWC 5987

[2014] FWC 5987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Matthew Stapleton
v
Troon Australia - Asia - Pacific
(U2014/5837)

DEPUTY PRESIDENT MCCARTHY PERTH, 29 AUGUST 2014

Application for relief from unfair dismissal.

[1] An application for unfair dismissal remedy was lodged by Mr Matthew Stapleton (the Applicant) on 23 March 2014. The Applicant asserted that he had been unfairly dismissed from his employment with Troon Australia - Asia - Pacific (the Respondent). The Application stated that the Applicant’s dismissal took effect on 20 February 2014.

[2] On 5 April 2014, the Respondent filed an Objection to Application for Unfair Dismissal Remedy (the Respondent’s Objection). The Respondent’s Objection stated that the named respondent was not the Applicant’s employer and that the application had been made out of time.

[3] On 7 April 2014, the Applicant sent an email to the Unfair Dismissal Team advising that he had made a mistake in his Application and that the date of his dismissal was 9 March 2014.

[4] On 11 April 2014, the Unfair Dismissal Team sent an email to the Applicant advising that the matter had been referred to a Jurisdictional Conference/Hearing to determine the Respondent’s Objections, being whether the Application had been lodged out of time and whether the Respondent was the Applicant’s Employer.

[5] I wrote to the Applicant on 30 April 2014 advising him that the application appeared to be lodged outside the 21 days time allowed and requested that he provide me with information on matters I must take into account in determining whether exceptional circumstances existed for the time allowed to be extended. I requested that the Applicant provide a response by 14 May 2014. No response was provided by the Applicant.

[6] As no response was provided by the Applicant I issued a Notice of Listing on 26 May 2014 listing the matter for a Jurisdictional Hearing on 19 June 2014. I advised the parties that I required only the Applicant’s attendance at that Hearing.

[7] The Applicant attended the Hearing on 19 June 2014. At the Hearing the matter was adjourned in order that the Applicant consider whether he wished to proceed.

[8] On 25 June 2014, my Chambers sent an email to the Applicant requesting that he advise whether he intended to pursue his Application.

[9] As no response was provided by the Applicant on 12 August 2014, I sent a letter to the Applicant by both post and email requesting that he advise by 26 August 2014 whether he wished to proceed with his Application. I also advised the Applicant that if no response was received I would presume that he had discontinued his Application. I have received no response or communication at all from the Applicant.

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

DEPUTY PRESIDENT

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