Mr Lance Castors v Palm Island Community Company

[2016] FWC 6199

[2016] FWC 6199

FAIR WORK COMMISSION

DECISION

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

Mr Lance Castors
v
Palm Island Community Company
(U2016/6045)

COMMISSIONER BOOTH BRISBANE, 30 NOVEMBER 2016

Termination of employment - non-compliance.

[1] On 11 April 2016 Mr Lance Castors made an application for unfair dismissal remedy under s.394 of the Fair Work Act 2009 (the Act). Mr Castors’ employment ended with Palm Island Community Company (PICC) on 31 March 2016.

[2] PICC objected to the application on the basis that Mr Castors was not dismissed. PICC asserts that Mr Castors’ employment was a fixed term contract which expired on 31 March 2016.

[3] Directions were issued to the parties on 20 July 2016 in relation to legal representation and PICC’s jurisdiction objection.

[4] Parties provided submissions about legal representation and subsequently consented to permit both parties to be legally represented. Mr Castors was represented by Mr James O’Donnell and PICC was represented by Anderson Fredericks Turner Lawyers and Advocates.

[5] PICC provided their submissions and witness statement in accordance with the Directions on 6 September 2016.

[6] Mr Castors was directed to file submissions on 20 September 2016, and did not comply with this Direction.

[7] Senior Deputy President Richards convened a member assisted conference in an attempt to resolve the matter however parties failed to reach a settlement.

[8] Mr Castors’ legal representative was contacted to enquire as to whether they intend lodging submissions and/or witness statements as per the Directions issued on 20 July 2016. Mr Castors’ legal representative sought an extension.

[9] Further Directions were issued on 5 October 2016 extending the time that both parties are to lodge their submissions and evidence, and submissions in reply.

[10] On 11 October 2016 at 1.05pm Mr James O’Donnell faxed a Form F54 Representative ceasing to act to the Fair Work Commission.

[11] Mr Castors’ submissions and evidence were due to be lodged by 4.00pm on 11 October 2016. Mr Castors did not comply with this Direction.

[12] Mr Castors’ was telephoned on 18 October 2016 by my Associate to enquire as to whether he intends lodging submissions and/or witness statements and he advised that he will advise chambers the next day.

[13] On 20 October 2016, a letter was emailed from my chambers to Mr Castors seeking compliance with the Direction as well as an explanation for the non-compliance. Further Directions were issued wherein Mr Castors had until 4 November to lodge his material.

[14] Mr Castors did not respond or comply with the Directions.

[15] Further correspondence was sent to Mr Castors on 22 November 2016 enquiring as to whether he wishes to continue with his application. Again Mr Castors did not respond.

[16] Mr Castors failure to comply with the Directions of the Commission and failure to advance any material or explanation as to the non-compliance is unreasonable.

[17] Accordingly, this application is dismissed under s.587(3)(a) of the Act. An order to this effect will be issued.

COMMISSIONER

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