Mr Arthur Bunyi v ESS Compass Group

[2015] FWC 4749

[2015] FWC 4749

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr Arthur Bunyi
v
ESS Compass Group
(U2015/4477)

COMMISSIONER CLOGHAN PERTH, 13 JULY 2015

Application for relief from unfair dismissal - non compliance.

[1] On 1 April 2015, Mr Arthur Bunyi (Mr Bunyi or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from his former employer, ESS Compass Group (Employer).

[2] The application was made pursuant to s.394 of the Fair Work Act (FW Act).

[3] The Employer raised the jurisdictional objection that the Applicant’s dismissal was a case of genuine redundancy.

[4] Conciliation did not resolve the application and it was referred to me for arbitration on 15 May 2015.

[5] On 19 May 2015, I issued Directions to address the Employer’s jurisdictional objection.

[6] The Applicant was required, by 18 June 2015, to provide a response to the statement of facts asserted by the Employer, his Statement of Facts, affidavits and any other documentary material to be relied upon. The Applicant did not comply with the direction.

[7] My Associate sent an email to the Applicant advising that should he not provide a response to the Employer’s submission by 10 July 2015, his application will be dismissed.

[8] The Applicant has not communicated with the Commission as to why he has been unable to comply with the Commission’s Directions in relation to his application.

[9] Accordingly, the application is dismissed for want of prosecution pursuant to s.587(3)(a) of the FW Act. An Order to this effect is issued jointly with this Decision.

COMMISSIONER

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