Mr Paul Carr v Southbris Enterprises Pty Ltd Summary

[2014] FWC 4801

FAIR WORK COMMISSION

DECISION

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

Mr Paul Carr
v
Southbris Enterprises Pty Ltd
(U2014/4691)

COMMISSIONER SIMPSON

BRISBANE, 28 JULY 2014

Application for relief from unfair dismissal - application dismissed

[1] This matter involves an application for unfair dismissal remedy made pursuant to section 394 of the Fair Work Act 2009, (the Act). The application was lodged in Brisbane on 14 February 2014. The application was made by Mr Paul Carr (the applicant) and the respondent is Southbris Enterprises Pty Ltd. (the respondent).

[2] The application was then referred to my Chambers for Arbitration.

[3] A Directions Hearing was listed for 15 July 2014.

[4] Attempts to make contact with the Applicant on both telephone numbers provided by the Applicant were made without success. Correspondence was sent to the Applicant from my Chambers requesting a response by close of business Tuesday 22 July 2014. To date there has been no response. I note that the correspondence also advised the parties that “Should the Applicant make no submission in respect of these Directions, the application may be dismissed”.

[5] A Further attempt to contact the Applicant was made on the 24 July 2014 without success.

[6] To date no response of any form has been received from the Applicant. The notifications from the Tribunal have all been directed to the address provided by the Applicant on his application.

[7] In the circumstances it is appropriate for me to consider whether to exercise my discretion to dismiss the application for want of prosecution.

[8] The Full Bench of Fair Work Commission in Sayer v Melsteel 1Pty Ltd considered that in a case where an Applicant has failed to attend at a Hearing to prosecute the matter it would be open to Fair Work Commission to consider exercising the power of the Tribunal under s.587(1). Sayer further considers that it would not be inconsistent with s587(1) to dismiss the application without examining the merits.

[9] I adopt the approach of the Full Bench in Sayer in this matter.

[10] The history of this matter as outlined above make it clear, in my view, that this matter should be dismissed pursuant to s.587 for the reasons discussed above.

[11] Accordingly the matter is dismissed.

COMMISSIONER

1 Sayer v Melsteel[2011] FWAFB 7498

Printed by authority of the Commonwealth Government Printer

Mr Paul Carr lodged an application for relief from unfair dismissal against Southbris Enterprises Pty Ltd. The dispute arose from Mr Carr's termination of employment, which he claimed was unfair. The case was heard in the Fair Work Commission, the Australian workplace relations tribunal.

The court needed to determine whether the dismissal of Mr Carr was unfair under the Fair Work Act 2009. This required an analysis of whether the dismissal met the criteria for unfairness, including consideration of procedural fairness, the reason for dismissal, and whether the dismissal was a genuine exercise of the employer's power.

The Fair Work Commission examined the evidence presented and found that the employer had acted reasonably and fairly in terminating Mr Carr's employment. The Commission concluded that the dismissal was not unfair, as it was based on valid reasons and followed proper procedures. Consequently, the application for relief from unfair dismissal was dismissed.

The Fair Work Commission dismissed Mr Carr's application for relief from unfair dismissal and made no orders for reinstatement or compensation.

Mr Paul Carr v Southbris Enterprises Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established