Mrs Tina Lang v Players Clubs Pty Ltd

[2014] FWC 2148

[2014] FWC 2148

FAIR WORK COMMISSION

DECISION

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

Mrs Tina Lang
v
Players Clubs Pty Ltd
(U2013/11878)

COMMISSIONER BOOTH BRISBANE, 2 APRIL 2014

Termination of employment - Application dismissed under s.587.

[1] On 25 July 2013, an application pursuant to s.394 of the Fair Work Act 2009 (the Act) for alleged unfair dismissal was lodged by Mrs Tina Lang (the Applicant).

[2] On 5 November 2013 a notice of representative commencing to act for the Applicant was lodged by Ramsden Lawyers.

[3] The matter was listed for Directions on 29 January 2014 at 10.00 am by telephone. Ms Carlsson from Ramsden Lawyers appeared on behalf of the Applicant and Mr Petrie and Mr Norton-Smith appeared by telephone on behalf of the Respondent. Ms Carlsson advised that she was not able to receive instructions from the Applicant and requested a 7 day adjournment. The adjournment was granted.

[4] The matter was re-listed for Directions on 6 February 2014. An email was received from the Applicant on the 4 February 2014 advising she would be unavailable for the Directions call due to the fact that she had commenced employment in a new job. A reply email was sent from chambers requesting the Applicant’s availability the following afternoon. No response was received.

[5] Correspondence was sent on 14 February 2014 to Ramsden Lawyers requesting information as to whether they are still representing the Applicant because there had been no contact. No response was received.

[6] The matter was listed for Directions by telephone for 24 March 2014 and parties were to advise their contact numbers by Friday 21 March 2014. The Respondent provided telephone numbers, however there was no contact from the Applicant nor her representative. The Applicant’s representative was telephoned on the 24 March 2014 and consequently an email was sent to chambers advising that they no longer act for the Applicant. No response was received from the Applicant.

[7] The Directions conference proceeded. The Applicant was telephoned twice without success, and voicemail messages were left. No response was received.

[8] An email was received from the Respondent on 24 March 2014 making application to have the unfair dismissal matter dismissed.

[9] Correspondence was emailed and posted to the Applicant on 25 March 2014 requiring her to advise the Fair Work Commission (the Commission) by 31 March 2014 as to whether she wished to proceed with her Application. To date no response has been received.

[10] After the attempts to contact the Applicant and the lack of response from the Applicant, I am satisfied that she does not intend to pursue her Application.

[11] Therefore it is unnecessary for me to make a determination on the substantive issues raised by the Applicant.

[12] I turn now as to how the matter will be dealt with. 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.

[13] I have decided to dismiss the Application under s.587 on the basis that the Applicant has failed to attend conferences conducted by the Commission and failed to comply with a direction of the Commission relating to the Application. An Order to this effect will be issued simultaneously.

COMMISSIONER

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