Mrs Amy Mulley-Rowlings v Concentrix Services Pty Ltd

[2021] FWC 3568

[2021] FWC 3568

FAIR WORK COMMISSION

DECISION

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

Mrs Amy Mulley-Rowlings
v
Concentrix Services Pty Ltd
(U2021/2786)

COMMISSIONER SPENCER BRISBANE, 21 JUNE 2021

Application for an unfair dismissal remedy.

[1] On 6 May 2020, Mrs Amy Mulley-Rowlings (the Applicant) applied to the Fair Work Commission (the Commission) for an unfair dismissal remedy under s.394 of the Fair Work Act 2009 (the Act) against her former employer, Concentrix Services Pty Ltd (the Respondent).

[2] The application was allocated to me for determination. On 5 May 2021 my chambers sent correspondence to the parties listing the matter for a conference on 12 May 2021. Futher correspondence was sent relisting the conference for 10 June 2021. However, no response from the Applicant was received by the time of the conference.

[3] On 10 June 2021, the Applicant failed to participate in the scheduled proceeding. The Applicant was contacted on the number that she had provided prior to the matter being allocated to me. My chambers sent the Applicant an email advising her that the scheduled proceeding was due to commence at that time and directing her to contact chambers urgently. My chambers then sent further correspondence later that same day, directing her to provide a response by 4:00pm the following day. The Applicant was advised that in the absence of a reply, her application may be dismissed.

[4] Further correspondence was sent to the Applicant on 14 June 2021, providing a further opportunity to respond and again setting out that a failure to respond can result in her application being dismissed.

[5] To date, the Applicant has not responded to any of the Commission’s correspondence, since the matter was allocated to me.

[6] Section 587 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.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3-2, see section 399A.

(2) Despite paragraphs (1)(b) and (c), the 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) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.”

[7] In the circumstances, I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the Act.

[8] I Order accordingly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR730901>