Mr Yash pal Kapoor v Wilson Security Pty Ltd

[2024] FWC 1561

[2024] FWC 1561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Mr Yash pal Kapoor
v

Wilson Security Pty Ltd

(U2024/5533)

DEPUTY PRESIDENT ROBERTS SYDNEY, 17 JUNE 2024

Application for an unfair dismissal remedy

1. Mr. Yash pal Kapoor (the Applicant) was employed by Wilson Security Pty Ltd (the Respondent) from May 2019 until the termination of his employment on 19 April 2024. The Applicant filed an application for an unfair dismissal remedy pursuant to s.394 of the Fair Work Act 2009 (Cth) (the Act) on 16 May 2024 (the application).

Relevant Facts and Directions

1. On 31 May 2024 directions were made for the filing of material in this matter to determine whether time should be extended to allow the application to proceed to hearing. The Applicant was directed to provide material by no later than Tuesday 11 June 2024 in support of the application for an extension of time. No material was received.

1. On 12 June 2024 a further direction was made requiring the Applicant to file material by close of business on that day. Nothing was received in response to that direction.

1. On 14 June the Respondent applied under s.399A and s.587 of the Act for the application to be dismissed. On the same day a further direction was made requiring the Applicant to file material by close of business on 14 June 2024. The Applicant was put on notice that a failure to comply with the direction may result in the dismissal of the application. Nothing has been received from the Applicant in response.

1. Pursuant to s.399A of the Act, I am satisfied that the Applicant has unreasonably failed to comply with directions of the Commission relating to the application.

1. The application is dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR776065>