Nathan Christopher Norman v Crams Glass & Aluminum

[2022] FWC 2

[2022] FWC 2

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Nathan Christopher Norman
v

Crams Glass & Aluminum

(U2021/9758)

COMMISSIONER O’NEILL MELBOURNE, 4 JANUARY 2022

Application for an unfair dismissal remedy – application dismissed pursuant to s 399A of the
Act

1. Mr Nathan Christopher Norman lodged an unfair dismissal application on 1 November 2021.

1. The application was originally listed for conciliation by a FWC staff conciliator on 2 December 2021. The Applicant’s Representative two adjournment requests were refused.   The conciliation did not proceed on 2 December 2021, as the Conciliator was unable to contact the Applicant or his Representative.  The file was then allocated to me.

1. On 7 December 2021 a Notice of Listing / Directions were issued for a Case Management Conference on 9 December 2021. The Applicant was directed to file submissions in support of his application by 20 December 2021.

1. On 8 December 2021 my chambers telephoned the Applicant to confirm that he had received the Notice of Listing and Directions. The Applicant answered the telephone, and after my associate introduced herself, then hung up.

1. On 9 December 2021 the Applicant’s Representative requested an adjournment of the Case Management Conference. A response was provided that such an adjournment request would only be considered if substantive reasons/evidence detailing the reason for the adjournment were provided and that the current request was not sufficient.

1. On 9 December 2021 unsuccessful attempts were made to contact the Applicant and his Representative by telephone. Voice messages were left requesting a call back to my chambers, however no calls were received.

1. On 9 December 2021 the Applicant was reminded that he needed to comply with the Directions issued on 7 December 2021 to file material by 20 December, 2021. He was also made aware of the provisions of section 399A of the Fair Work Act 2009.

1. On 21 December 2021 the parties were advised that the Applicant had not filed any material pursuant to the Directions. On the same day the Respondent applied to have the matter dismissed under section 399A of the Act.

1. Also on 21 December, Mr Norman was informed of the Respondent’s application and advised that his application may be dismissed without further notice should he fail to respond by Friday 31 December 2021. To date the Applicant has not filed any material with the Commission and has provided no explanation or response to multiple attempts to communicate with him.

1. Whilst the s399A application was not made in an approved form, pursuant to s 586 of the Act I waive this irregularity in the form in which the application was made. In addition, as the Applicant has not filed any material in opposition to the application to dismiss, I have determined the application on the papers.

1. I am satisfied that Mr Norman has unreasonably failed to comply with the direction issued on 7 December 2021 and unreasonably failed to attend the mention/hearing on 9 December 2021. In relation to his unfair dismissal application. Mr Norman has taken no steps to demonstrate that he wishes to pursue his unfair dismissal application against the Respondent.

1. In the circumstances, I exercise my discretion pursuant to s 399A(1)(a) of the Act to dismiss Mr Norman’s unfair dismissal application. An order giving effect to this will be issued with this decision.

COMMISSIONER

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