Mr Jason Mitchell v LED Supplies Australia

[2014] FWC 8540

[2014] FWC 8540

FAIR WORK COMMISSION

DECISION

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

Mr Jason Mitchell
v
LED Supplies Australia
(U2014/10204)

COMMISSIONER CLOGHAN PERTH, 27 NOVEMBER 2014

Application for relief from unfair dismissal.

[1] On 20 June 2014, Mr Jason Mitchell (Mr Mitchell or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from his former employer, LED Supplies Australia (Employer).

[2] The application was made pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[3] Conciliation did not proceed and the matter was referred to me for arbitration on 1 August 2014.

[4] On 5 August 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 Applicant failed to comply with the direction in paragraph [1] of the Directions by 1 October 2014. The direction in paragraph [1] required the Applicant to file and serve documents he intended to rely upon in the arbitral hearing.

[6] The Applicant also failed to comply with the direction in paragraph [2] of the Directions by 1 October 2014. The direction in [2] required the Applicant to file and serve his statement of facts and witness statements which he intended to rely upon in the arbitral hearing.

[7] The Applicant has not communicated with the Commission as to why he was unable to comply with the Directions of 5 August 2014.

[8] For the above reasons, the application is dismissed due to want of prosecution by the Applicant 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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