Michelle Ranui v Panoramic Resources T/A Lanfranchi Nickel Mine

[2011] FWA 6228

[2011] FWA 6228

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michelle Ranui
v
Panoramic Resources T/A Lanfranchi Nickel Mine
(U2011/6433)

COMMISSIONER WILLIAMS PERTH, 9 SEPTEMBER 2011

Application for unfair dismissal remedy.

[1] This decision involves an application made by Michelle Ranui for an unfair dismissal remedy under section 394 of the Fair Work Act 2009. The Respondent is Panoramic Resources trading as a Lanfranchi Nickel Mine (the Respondent).

[2] Ms Ranui made her application on 28 March 2011.

[3] On 8 April 2011 a notice of listing for a conciliation conference to be held on 3 May 2011 was posted and emailed to Ms Ranui using the contact details provided in her application.

[4] The employer lodged their response to the application on 20 April 2011.

[5] Ms Ranui did not participate in the conciliation conference listed for 3 May 2011.

[6] Ms Ranui did not contact Fair Work Australia before the date of the conference or after the conference date had passed regarding her failure to participate in the conference.

[7] Ms Ranui’s file was then referred to myself.

[8] My associate rang Ms Ranui’s mobile number on 10 May 2011 but there was no answer and a message was left asking her to urgently contact my Chambers regarding her application.

[9] Ms Ranui did not return this phone call.

[10] A letter from myself was both posted and emailed to Ms Ranui on 24 May 2011 requiring her to urgently contact my Chambers by no later than 3 June 2011.

[11] Ms Ranui rang my Chambers on 3 June 2011 and said she had been out of the country and confirmed she did want to continue with her application.

[12] A notice of listing with attached directions advising the hearing of the application would be on 20 and 21 December 2011 in Kalgoorlie was posted and emailed to Ms Ranui on 20 June 2011. The directions required her to provide her witness statements and other written materials to the Respondent and Fair Work Australia by 6 September 2011.

[13] The Respondent lodged a strikeout application on 4 August 2011.

[14] A notice of listing advising that the strikeout application would be heard on 29 August 2011 was sent to both parties on 8 August 2011.

[15] On 26 August 2011 my associate rang the Applicant’s mobile phone but there was no answer. The same day my associate emailed the Applicant to confirm she would be participating in the 29 August hearing and enquire whether she wished to attend by phone.

[16] Later that day the Applicant rang Chambers advising she had just got back into the country and was not aware of the strike out application hearing. She requested that a copy of the application and notice of listing be emailed to her which was done.

[17] The hearing of the strike out application proceeded on 29 August 2011 and Ms Ranui participated by telephone. After making some submissions the Respondent chose to withdraw its strikeout application.

[18] Following this there was some discussion about the history of the matter set out above. I then explained to Ms Ranui as follows:

THE COMMISSIONER: “Ms Ranui, I will just reinforce what I have already said. The notice of listing, which has a hearing date of 20 December and 21 December at the Kalgoorlie courthouse, with the attached directions which require you to provide all of your materials by 6 September, was posted to you on 20 June so you should have it. We will email this afternoon another copy of that to you but I have verbally advised you now that your materials are required by 6 September and at that date, they need to be provided to us here at Fair Work Australia and also to the employer’s representative, and their details are included on those notices of listing.

Ms Ranui, given, frankly, the inconvenience that both the tribunal and the employer have suffered - because what seems to happen is that you go out of contact, if I can put it that way, and don’t bother to tell anybody that that’s the case - if I don’t receive your materials by 6 September, I will take it that you don’t want to pursue this matter any further and I will dismiss the application. Do you understand?”

MS RANUI: “Yes, absolutely, Commissioner.”

[19] On 31 August 2011 Ms Ranui rang and spoke to my associate and enquired as to whether she needed to provide all the evidence and witness statements by the date specified or just a list. She was advised that she would need to provide the witness statement themselves and provide a copy to the Respondent by the date specified in the directions attached to the notice of listing. Ms Ranui was advised that if she wanted an extension of time she would need to make a request in writing.

[20] Ms Ranui has not filed any of the materials she was directed to by the due date of Tuesday 6 September 2011. In fact there has been no contact from Ms Ranui of any kind since 31 August 2011 up to the time of the writing of this decision.

[21] I reminded and clarified for Ms Ranui during the proceedings on 29 August 2011 that her materials were required by 6 September 2011 and if I did not receive those materials by that date I would take it that she did not want to pursue the matter any further and I would dismiss the application. I asked Ms Ranui at the time if she understood this and she replied that she absolutely did.

[22] Consequently this application is now dismissed for want of prosecution. An order to that effect will be issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR514476>