Michael Edwards v Spillway Pty Ltd T/A Lakeshore Caravan Park

[2014] FWC 2257

[2014] FWC 2257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michael Edwards
v
Spillway Pty Ltd T/A Lakeshore Caravan Park
(U2014/3559)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 4 APRIL 2014

Application for relief from unfair dismissal dismissed.

[1] On 6 January 2014, Mr Michael Edwards made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009. Mr Edwards’ employment had been terminated by Spillway Pty Ltd T/A Lakeshore Caravan Park (LCP) on 15 December 2013.

[2] The matter was listed for conciliation on 6 February 2014, however it could not take place. Consequently, directions were issued and the matter was listed for hearing.

[3] Mr Edwards was directed to file an outline of submissions, witness statements and other documentary material he wished to rely on by noon, on 11 and 31 March 2014.

[4] Mr Edwards did not comply with this direction.

[5] On 13 March 2014, LCP filed an application objecting to Mr Edwards’ application and sought the dismissal of his application. LCP based their objection on Mr Edwards’ failure to comply with directions.

[6] On 14 March 2014, Mr Edwards was sent correspondence informing him of the Respondent’s s.399A application. Mr Edwards was directed to file submissions and other documentary material in respect of LCP’s application by close of business, on 21 March 2014. Mr Edwards was advised that if he failed to comply with this direction, his application would be dismissed.

[7] Mr Edwards did not file any material with the Commission.

[8] Section 399A of the Act provides as follows:

399A Dismissing applications

(1) The FWC may, subject to subsection (2), dismiss an application for an order under Division 4 if the FWC is satisfied that the applicant has unreasonably:

(a) failed to attend a conference conducted by the FWC, or a hearing held by the FWC, in relation to the application; or

(b) failed to comply with a direction or order of the FWC relating to the application; or

(c) failed to discontinue the application after a settlement agreement has been concluded.

....

(2) The FWC may exercise its power under subsection (1) on application by the employer.

(3) This section does not limit when the FWC may dismiss an application.

[9] Section 593 of the Act provides that the Commission is not required to hold a hearing except as provided by the Act.

[10] As Mr Edwards did not file any material in opposition to the application to dismiss, I will determine the application on the papers.

[11] After considering all the material, Mr Edwards’ application for remedy from unfair dismissal is dismissed. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

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