Mr Christopher Chalmers v Motor Trades Association of WA (Inc)

[2015] FWC 934

[2015] FWC 934

FAIR WORK COMMISSION

DECISION

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

Mr Christopher Chalmers
v
Motor Trades Association of WA (Inc)
(U2014/13229)

COMMISSIONER CLOGHAN PERTH, 9 FEBRUARY 2015

Application for relief from unfair dismissal.

[1] On 10 October 2014, Mr Christopher Chalmers (Mr Chalmers or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from his former employer, Motor Trades Association of WA (Inc) (Employer).

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

[3] Conciliation did not resolve the application and it was referred to me for arbitration on 18 November 2014.

[4] On 20 November 2014, I issued Directions for an arbitral hearing. At the conclusion of the Directions, in bolding, are the words:

“The Applicant and Employer must comply with these directions.”

[5] The parties were required to file and serve documents to which they intended to rely upon, in accordance with the Directions by 18 December 2014. The Applicant did not comply with the direction.

[6] The Applicant was required, by 22 January 2015, to provide his Statement of Facts, witness statements and any other documentary material to be relied upon. The Applicant did not comply with the direction.

[7] 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.

[8] 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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