Nick Paparziotis v P&P Warehousing and Distribution Pty Ltd

[2022] FWC 284

[2022] FWC 284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Nick Paparziotis
v

P&P Warehousing and Distribution Pty Ltd

(U2021/10284)

VICE PRESIDENT CATANZARITI SYDNEY, 14 FEBRUARY 2022

Application for an unfair dismissal remedy

1. On 15 November 2021, Nick Paparziotis filed an application with the Fair Work Commission (the Commission) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act) in relation to his employment with P&P Warehousing and Distribution Pty Ltd (the respondent).

1. On 25 November 2021, the respondent raised a jurisdictional objection to this application on the basis that Mr Paparziotis did not complete the minimum employment period.

1. On 14 January 2022, my chambers sent correspondence to Mr Paparziotis, identifying the respondent’s objection and directing him to provide a statement by 21 January 2022 in support of having completed the minimum employment period, if he believed he had.

1. On 24 January 2022, my chambers sent further correspondence to Mr Paparziotis, noting he had not responded and directing him to provide a response by 27 January 2022. He was advised that in the absence of a reply, his application may be dismissed without further notice.

1. To date, Mr Paparziotis has not responded to any of the Commission’s attempts to contact him.

1. 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.

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

(a) on its own initiative; or

(b) on application.

1. The words, ‘[w]ithout limiting when FWC may dismiss an application’ at the commencement of s.587(1) of the Act, establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in ss.587(1)(a), (b) and (c).

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

1. An order to that effect will issue with this decision.

VICE PRESIDENT

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