Mr Joshua Du Boulay v Kimberley Individual & Family Support Association Inc T/A KIFSA

[2015] FWC 65

[2015] FWC 65

FAIR WORK COMMISSION

DECISION

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

Mr Joshua Du Boulay
v
Kimberley Individual & Family Support Association Inc T/A KIFSA
(U2014/12921)

COMMISSIONER CLOGHAN PERTH, 6 JANUARY 2015

Application for relief from unfair dismissal - jurisdictional objection - out of time.

[1] On 30 September 2014, Mr Joshua Du Boulay (Mr Du Boulay or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from his former employer, Kimberley Individual & Family Support Association Inc T/A KIFSA (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 application was not filed in the Commission within the statutory timeline.

[4] Conciliation did not proceed and the application was referred to me for arbitration on 31 October 2014.

[5] On 5 November 2014, I issued Directions to address the Employer’s jurisdictional objection. At the conclusion of the Directions, in bolding, are the words:

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

[6] In addition, the Directions state:

“Should the Applicant not provide any submission pursuant to paragraph [7], the application will be dismissed for want of prosecution.”

[7] The Applicant was required to file and serve his submission in accordance with the Directions by 21 November 2014. The Applicant did not comply with the direction.

[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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