Mcgregor v Sun Connect Pty Ltd

[2016] FWC 2680

[2016] FWC 2680

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Kerry Mcgregor
v
Sun Connect Pty Ltd
(U2015/17143)
COMMISSIONER CAMBRIDGE	PERTH, 28 APRIL 2016
Application for relief from unfair dismissal.

[1]        The Fair Work Commission (the Commission) issued Directions in this matter on 4

March 2016, which, inter alia, required that by 18 March 2016, the applicant, Kerry

McGregor, was to file and serve documentary material upon which her unfair dismissal claim

could be prosecuted. The applicant did not provide any material in compliance with this

Direction.

[2]        The Directions of 4 March included a notice of listing of the matter for Conciliation

and/or Arbitration on 28 April 2016.

[3]        The applicant has not provided material in compliance with Directions, nor has she

provided any explanation for such non-compliance. The absence of material upon which the

claim for unfair dismissal remedy could be prosecuted, renders the application to be without

reasonable prospects of success.

[4]        The applicant was called but she has failed to appear today, 28 April 2016, at the listed

proceedings in Perth. My associate has been unable to make telephone contact with the

applicant. Further, telephone contact with a person who identified themselves as the daughter

of the applicant, has failed to result in any communication or other advice from or on behalf

of the applicant.

[5]        Therefore, in the circumstances, pursuant to ss.399A and 587 of the Act, the

application is dismissed because; the applicant has unreasonably failed to comply with

Directions of the Commission; and, the application has no reasonable prospects of success;

and, the application has failed for want of prosecution.
[2016] FWC 2680

[6]        An Order [PR579678] dismissing the matter will be issued concurrently with this

Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR579677>