Monique Johnson v Ricegrowers Pty Ltd T/A Sunrice

[2014] FWC 3034

[2014] FWC 3034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Monique Johnson
v
Ricegrowers Pty Ltd T/A Sunrice
(U2013/17893)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 8 MAY 2014

Application for relief from unfair dismissal.

[1] On 23 December 2013, Ms Monique Johnson made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009. Ms Johnson’s employment had been terminated by Ricegrowers Pty Ltd T/A Sunrice (Sunrice)on 28 November 2013.

[2] The matter was the subject of conciliation however, the matter was not resolved. Consequently, directions were issued and the matter was listed for hearing.

[3] Ms Johnson was directed to file an outline of submissions, any witness statements and other documentary material she wished to rely on by noon, on 7 April 2013.

[4] Ms Johnson did not comply with this direction.

[5] On 15 April 2014, Sunrice made an application, pursuant to s.399A(1)(b) of the Act, that the matter be dismissed as Ms Johnson had failed to comply with the direction of the Fair Work Commission (the Commission).

[6] On 17 April 2014, Ms Johnson was sent correspondence informing her of the Respondent’s s.399A application. Ms Johnson was directed to file submissions and other documentary material in respect of Sunrice’s application by close of business, on 29 April 2014. Ms Johnson was advised that if she failed to comply with this direction, her application would be dismissed.

[7] Ms Johnson did not file any material with the Commission.

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

(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 Ms Johnson 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, Ms Johnson’s 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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