Mr K v The Employer

[2022] FWC 3351

[2022] FWC 3351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Mr K

v

The Employer

(U2022/11382; C2022/7901)

COMMISSIONER BISSETT MELBOURNE, 21 DECEMBER 2022

Application for an unfair dismissal remedy

1. On 25 November 2022 I dismissed the sixth application made by Mr K (the Applicant)[1] with respect to his employment with The Employer (Respondent). On the same day the Applicant made a further application in which he sought a remedy for his dismissal by the Respondent on 20 December 2020. The Applicant also made an application on 25 November 2022 for the Commission to deal with a dispute pursuant to s.739 of the Fair Work Act 2009 (FW Act) in relation to incidents at the time he was employed by the Respondent. The Applicant is no longer employed by the Respondent.

1. On 8 December 2022 the Applicant sent correspondence to the Commission in which he reiterated his previous submissions that he wished to be heard in relation to his unfair dismissal application.

1. For the reasons given in the 6 previous decisions issued by Members of the Commission and in the decision in which the Applicant’s appeals were dismissed, this most recent application for unfair dismissal is dismissed pursuant to s.587(1) of the FW Act on the grounds that it has no reasonable prospect of success.

1. The Applicant has made a number of previous applications for the Commission to deal with a dispute in relation to his employment with the Respondent. For the reasons given in Mr K v The Employer[2] the Applicant does not have standing to make the application and it is therefore dismissed on my own motion pursuant to s.587(1) of the FW Act on the grounds that it has no reasonable prospect of success.

1. The Applicant has now made 23 applications to the Commission in the space of 2 years in relation to his employment. He also has proceedings in the Federal Court. The Applicant’s persistence will not, without some material change in his circumstances, result in any change in the result of his applications. His dismissal has been subject to proceedings in the Commission and it has been finalised. There will not be any further hearings, as circumstances currently stand, in relation to his dismissal.

1. For the reasons given in previous decisions I have determined to maintain anonymity of the parties to these applications.

COMMISSIONER

[1] Mr K v The Employer [2022] FWC 3085

[2] Mr K v The Employer[2021] FWC 5610

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