Nheil Barriga and Manuel Alim v Communications Service Industries (Qld) Pty Ltd T/A Communications Service Industries

[2017] FWC 4343

[2017] FWC 4343

FAIR WORK COMMISSION

DECISION

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

Nheil Barriga and Manuel Alim
v
Communications Service Industries (Qld) Pty Ltd T/A Communications Service Industries
(U2017/6347 and U2017/6394)

COMMISSIONER CAMBRIDGE SYDNEY, 23 AUGUST 2017

Application for an unfair dismissal remedy.

[1] The Fair Work Commission (the Commission) issued a Direction in these matters on 15 August 2017, which, inter alia, required that by 21 August 2017, the applicants, Nheil Barriga and Manuel Alim, were to provide formal advice indicating whether the applications are pressed by 4:00 pm on that day.

[2] Neither the applicants, nor the lawyers acting on their behalf, Gorval Lynch, have provided material in compliance with the Directions, nor have they provided any explanation for such non-compliance. The absence of any indication that the claims for unfair dismissal are pursued renders the applications to be without reasonable prospects of success.

[3] Therefore, in the circumstances, pursuant to ss.399A and 587 of the Act, the applications are dismissed because; the applicants have unreasonably failed to comply with Directions of the Commission; and, the applications have no reasonable prospects of success; and, the applications have failed for want of prosecution.

[4] Orders [PR595493] and [PR595545] dismissing the matters will be issued concurrently with this Decision.

COMMISSIONER

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<Price code A, PR595492>