Mr Joel Douglas v Alliance Robes Pty Ltd

[2014] FWC 8296

[2014] FWC 8296

FAIR WORK COMMISSION

DECISION

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

Mr Joel Douglas
v
Alliance Robes Pty Ltd
(U2014/10271)

COMMISSIONER CLOGHAN PERTH, 24 NOVEMBER 2014

Application for relief from unfair dismissal.

[1] On 23 June 2014, Mr Joel Douglas (Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from his former employer, Alliance Robes Pty Ltd (Employer).

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

[3] The application was unable to be resolved at conciliation and referred to me for arbitration on 4 August 2014.

[4] On 8 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 parties were required to file and serve documents to which they intended to rely upon, in accordance with the Directions by 8 September 2014. The Employer complied with the direction on 8 September 2014 and copied the material to the Applicant. The Applicant did not comply with the direction.

[6] The Applicant was required, by 20 October 2014, to provide his Statement of Facts, witness statements and any further 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] For the above reasons, I am satisfied that the Applicant has failed to comply with the Commission’s directions and also failed to communicate with the Commission as to why he was unable to comply with the Directions. Consequently, the application will be 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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