Mohammad Razzakh v Woolworths Limited T/A Woolworths Petrol

[2016] FWC 3948

[2016] FWC 3948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Mohammad Razzakh
v
Woolworths Limited T/A Woolworths Petrol
(U2016/1072)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 17 JUNE 2016

Application for relief from unfair dismissal.

[1] On 7 June 2016, I issued a decision 1 giving Mr Razzakh a further opportunity to provide his material to support his unfair dismissal application against Woolworths Petrol by noon, 17 June 2016.

[2] Mr Razzakh did not file any material or contact the Commission to seek an extension of time to file his material. As such, I am satisfied that his failure to pursue his claim is unreasonable.

[3] As noted in my previous decision, Woolworths Petrol made their application to have Mr Razzakh’s matter dismissed pursuant to s.399A of the Act on 29 April 2016 and have continued to press their objection to Mr Razzakh’s claim.

[4] Section 593 of the Act provides that the Commission is not required to hold a hearing except as provided by the Act and as Mr Razzakh did not file any material, I will determine the application on the papers.

[5] The power to dismiss an application, if the non-compliance was unreasonable, is discretionary.

[6] Mr Razzakh has provided no explanation for his failure to comply with directions and he has not made any contact with the Commission. He has shown no willingness to prosecute his case. I find that his failure and unwillingness to pursue his application is unreasonable. In those circumstances, I will exercise my discretion and dismiss Mr Razzakh’s application. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

 1   [2016] FWC 3258.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR581759>