Mr Leo MasonvTotal Logistics Solutions T/A TLS

[2021] FWC 3415

[2021] FWC 3415

FAIR WORK COMMISSION

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

Mr Leo Mason
v
Total Logistics Solutions T/A TLS
(U2021/873)

COMMISSIONER RIORDAN SYDNEY, 15 JUNE 2021

Application for an unfair dismissal remedy.

[1] Mr Leo Mason (the Applicant) lodged an unfair dismissal application (the Application) on 4 February 2021 claiming that he was unfairly dismissed by Total Logistics Solutions T/A TLS (the Respondent) on 15 January 2021.

[2] The matter was listed for Conciliation before a Fair Work Commission (the Commission) staff conciliator on 19 February 2021, however, did not resolve.

[3] The matter was allocated to the Chambers of Commission Booth on 24 February 2021. The matter was then reallocated to me for determination on 4 May 2021.

[4] On 18 March 2021, Commissioner Booth issued Directions for the filing of material and a Notice of Listing was issued setting the matter down for Conference on 21 May 2021. The Applicant was required to file material in support of his application for unfair dismissal remedy by 15 April 2021.

[5] The Applicant failed to file his material by 15 April 2021. Further correspondence was sent from the Chambers’ of Commission Booth noting the Applicant’s failure to comply with the amended Directions of the Commission and directing him to provide his material by 21 April 2021.

[6] The Associate to Commissioner Booth contacted the Applicant by telephone on 22 April 2021. The Applicant informed the Associate that he believed he had until 21 May 2021 to file his material.

[7] On 22 April 2021, correspondence was sent to parties advising the matter was to be listed for a Conference before me on 5 May 2021. Following a telephone call from the Applicant, in which he advised he was unable to attend due to personal reasons, the matter was relisted for Conference at 1:00 pm, Monday 24 May 2021.

[8] The parties were required to confirm their attendance at the Conference and provide their best contract numbers prior to the Conference. The parties did not respond.

[9] The Applicant and Respondent failed to attend the Conference on 24 May 2021. My Associate attempted to contact the Applicant and, when he did not respond, wrote to the Applicant at the time of the Conference asking him to make contact with Chambers. The Applicant did not make contact. My Associate also contacted the Respondent by telephone and left a voice message requesting that he return Chambers’ call.

[10] At 6:00 pm on 24 May 2021, correspondence was sent from my Chambers noting that the Applicant had failed to attend the Conference as listed and requiring him to provide submissions as to why his application should not be dismissed under s.587 of the Fair Work Act 2009 (the Act). The Applicant was provided until 31 May 2021 to respond.

[11] At 6:05 pm on 24 May 2021, the Respondent sent email correspondence to Chambers that stated as follows:

“Sorry I missed your call today . I was in a conference all day as I did not think the meeting was going ahead as I thought Leo would have advised you that this matter had been settled a few weeks ago.”

[12] My Associate attempted to contact the Applicant again on 14 June 2021, however was unsuccessful.

[13] No correspondence or telephone contact has been received from the Applicant to date.

[14] Section 587(1) of the Act provides:

“587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.”

[15] In the circumstances, I have decided to dismiss the application for want of prosecution.

[16] I so Order.

COMMISSIONER

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