Mr Matthew Ryland v Parrish Plumbing Pty Ltd

[2016] FWC 3487

[2016] FWC 3487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Mr Matthew Ryland
v
Parrish Plumbing Pty Ltd
(C2016/3136)

COMMISSIONER SAUNDERS NEWCASTLE, 31 MAY 2016

Application to deal with a general protections application involving a dismissal.

[1] Mr Matthew Ryland made a General Protections Application (the Application) in relation to his dismissal by Parrish Plumbing Pty Ltd (Parrish Plumbing). Mr Ryland’s Application was received by the Fair Work Commission (the Commission) on 24 March 2016.

[2] Prior to any conciliation, Parrish Plumbing elected for the matter to proceed to an out of time hearing in connection with its contention that the Application was made more than 21 days after Mr Ryland’s dismissal took effect.

[3] On 18 May 2016, a Notice of Listing was sent by the Commission to the parties, notifying them that they were each required to file and serve an outline of argument in relation to the extension of time issue by the close of business on 26 May 2016 and that a hearing would be conducted by telephone at 1:30pm on 30 May 2016 in relation to the extension of time issue.

[4] On 26 May 2016, Parrish Plumbing filed and served its outline of argument and a witness statement by Mr Troy Webster. No documents were filed or served by or on behalf of Mr Ryland.

[5] On Friday, 27 May 2016, my Associate wrote to Mr Ryland and attempted (without success) to contact him by telephone in relation to his failure to comply with the directions made on 18 May 2016. No response was received to that correspondence prior to the hearing.

[6] On Monday, 30 May 2016, the matter came on for hearing by telephone at 1:30pm. Ms Ariel Curtis appeared with permission on behalf of Parrish Plumbing. There was no appearance by or on behalf of Mr Ryland. My Associate then attempted (without success) to contact Mr Ryland by telephone, using the mobile telephone number provided by Mr Ryland in his Application. 1

[7] Because I was satisfied that Mr Ryland was notified of the hearing, I proceeded to deal with the matter in Mr Ryland’s absence.

[8] Ms Curtis made an application on behalf of Parrish Plumbing that I dismiss the Application by reason of Mr Ryland’s failure to file or serve any documents in accordance with the directions made on 18 May 2016, his failure to participate in the hearing on 30 May 2016, and in view of the weakness of Mr Ryland’s application for an extension of time. I informed Ms Curtis that I would dismiss the Application and provide written reasons for my decision to do so.

[9] At 4:07pm on 30 May 2016, my Associate received an email from Mr Ryland’s wife in the following terms:

“On Friday 27/5/16 at 4:38pm, we received an email from Georgia Hunt advising that a hearing was going to take place vis [sic] telephone on Monday 30/6/16 at 1:30pm. Today there was a missed call to mobile phone [phone], one of the contact numbers listed for Matthew, advising that the hearing was taking place now.

Matthew did not receive this call as he was unavailable and is using the other phone listed as contact 0421797640.
…

Please advise us what steps if any he is able to take and how to take them to have his original concerns looked at.”

[10] A statement of Mr Ryland was attached to his wife’s email sent at 4:07pm on 30 May 2016.

[11] The email from Mr Ryland’s wife received at 4:07pm on 30 May 2016 confirms that he was aware of the hearing at 1:30pm on 30 May 2016, but he took no steps to participate in the hearing, seek an adjournment, or otherwise communicate with the Commission or Parrish Plumbing prior to the hearing.

[12] In the circumstances, I am satisfied that Mr Ryland has unreasonably failed to (a) comply with the directions made by the Commission on 18 May 2016 and (b) participate in a hearing held by the Commission on 30 May 2016 in relation to his Application. I therefore exercise my discretion pursuant to section 587(1) of the Fair Work Act 2009 (Cth) to dismiss Mr Ryland’s Application.

COMMISSIONER

Appearances:

Ms Ariel Curtis, Employment Relations Claims Adviser from Employsure Pty Limited, on behalf of the respondent.

Hearing details:

2016.

Newcastle:

May, 30.

 1   0438434076

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