Mr Blake Amory v Ribshire Pty Ltd T/A Goodline

[2014] FWC 4889

[2014] FWC 4889

FAIR WORK COMMISSION

DECISION

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

Mr Blake Amory
v
Ribshire Pty Ltd T/A Goodline
(U2014/3758)

COMMISSIONER BOOTH BRISBANE, 28 JULY 2014

Termination of employment - Application dismissed under s.587.

[1] On 10 January 2014, an application pursuant to s.394 of the Fair Work Act 2009 (the Act) for alleged unfair dismissal was lodged by Mr Blake Amory (the Applicant).

[2] The Applicant was represented by Mr Steve Grapsas from Australian Dismissal Services (ADS).

[3] The matter was listed for Directions on 5 June 2014 at 2.00 pm by telephone. Mr Grapsas from ADS telephoned on the 5 June 2014 before the commencement of the Directions to advise that he had been unable to contact the Applicant and had not received any instructions. On that basis he requested an adjournment.

[4] Attempts to telephone the Applicant from chambers on the numbers provided were unsuccessful due to the fact that the landline number is no longer in use and the mobile number continually going to messagebank. No calls were returned to chambers by the Applicant.

[5] Mr Tony White, the contact for the Respondent was informed of the situation and that an adjournment has been granted.

[6] Correspondence was sent on 5 June 2014 to the Applicant enquiring as to whether he intends continuing to pursue the matter. He had until close of business on the 19 June 2014 to do so. No response has been received from the Applicant.

[7] After the attempts to contact the Applicant and the lack of response from the Applicant, I am satisfied that he does not intend to pursue his Application.

[8] Therefore it is unnecessary for me to make a determination on the substantive issues raised by the Applicant.

[9] I turn now as to how the matter will be dealt with. Section 587 of the Act provides:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3-2, see section 399A.

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.

[10] I have decided to dismiss the Application under s.587 on the basis that the Applicant has failed to attend Directions matters conducted by the Commission and failed to comply with a direction of the Commission relating to the Application. An Order to this effect will be issued simultaneously.

COMMISSIONER

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