Miss Brittney Wales v Helping Hands Network

[2015] FWC 1727

[2015] FWC 1727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Miss Brittney Wales
v
Helping Hands Network
(U2014/11917)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 16 MARCH 2015

Application for relief from unfair dismissal.

[1] On 22 August 2014, Miss Brittney Wales made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009. Miss Wales’ employment had been terminated by Helping Hands Network on 6 August 2014.

[2] Reliance HR Solutions Pty Ltd filed a response in which it advised that it was Miss Wales’ employer.

[3] The matter was the subject of conciliation on 10 November 2014 however, the matter was not resolved. Consequently, directions were issued and the matter was listed for hearing.

[4] Miss Wales was directed to file an outline of submissions, any witness statements and other documentary material she wished to rely on by noon, on Monday 19 January 2015.

[5] Miss Wales did not comply with this direction and the matter was listed for a non compliance hearing before Commissioner Johns on 27 February 2015.

[6] Miss Wales did not attend the non compliance hearing. Reliance HR Solutions made an oral application, pursuant to s.399A of the Act, that the matter be dismissed as Miss Wales had failed to comply with the direction of the Fair Work Commission. Commissioner Johns waived compliance with the Fair Work Commission Rules 2013 and accepted the oral application.

[7] On 27 February 2015, Miss Wales was sent correspondence informing her of the section 399A application. Miss Wales was directed to file submissions and other documentary material in respect of the application by close of business, on Friday 6 March 2015. Miss Wales was advised that if she failed to comply with this direction, her application would be dismissed.

[8] Miss Wales did not file any material with the Commission.

[9] 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.

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

[11] As Miss Wales did not file any material in opposition to the application to dismiss, I will determine the application on the papers.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR561945>