Peter Mas v Margaret River Busselton Tourism Association

[2020] FWC 6356

[2020] FWC 6356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Peter Mas
v
Margaret River Busselton Tourism Association
(U2020/13929)

COMMISSIONER BISSETT MELBOURNE, 26 NOVEMBER 2020

Application for relief from unfair dismissal – incomplete application.

[1] On 21 October 2020, Mr Peter Mas made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application form filed by Mr Mas was incomplete in that he did not provide page 2 with the Respondent details and questions 3.1 and 3.2 stated ‘Exsplained in paperwork all ready sent’ [sic].

[3] On 29 April 2019 Mr Mas made an unfair dismissal application (U2019/4825) in relation to the same dismissal (the 2019 application). Mr Mas attached to that application documents in relation to his dismissal (a letter of allegations/show cause, his response to that and a dismissal letter). The 2019 application was complete. The 2019 application was discontinued by Mr Mas at conciliation on 5 June 2019. Mr Mas sought to have the application re-opened on 26 June 2019 and, whilst correspondence was sent to Mr Mas with respect to this application no decision on that request appears to have been issued. Given these circumstances it is likely, given the matters raised below, that Mr Mas’ response to questions 3.1 and 3.2 in the current application refers to material filed in the 2019 application.

[4] On 22 October 2020 the Commission contacted Mr Mas on his nominated telephone number to request the details missing from his application. Mr Mas provided the Respondent’s legal name over the phone. Mr Mas advised he had previously posted in information relating to questions 3.1 and 3.2 (again, presumably, referring to the 2019 application).

[5] On the basis of the information provided by Mr Mas, the Commission contacted the Respondent who provided appropriate contact details. The Commission file in relation to this application also noted the 2019 application.

[6] Given the 2019 application, the reference by Mr Mas to “paper work all ready sent”, the same employment period and dismissal date and that the Respondent did not object to the contact made with it, I am satisfied that it is reasonable to infer the current application is in relation to the dismissal that occasioned the 2019 application.

[7] Following further contact with Mr Mas on 27 October 2020 and an attempted contact on 30 October 2020, Mr Mas’ mother contacted the Commission on 10 November 2020 to advise her son wanted to pursue his application. The Commission explained the matter was still incomplete and if Mr Mas wanted to proceed he would need to provide the missing page (Respondent’s details) as well as answers to questions 3.1 and 3.2. Ms Mas advised she would post these documents to the Commission. The Commission’s Perth GPO Box address was provided to her and she was encouraged to express post the documents.

[8] Whilst the documents sought from the Applicant have not been provided, it seems to me clear that the relevant documents can be accessed from the file in relation to the 2019 application.

[9] Further, the Respondent is aware of this application. Relevant correspondence in relation to the application being lodged out of time has been sent to it, with no reply suggesting that it is not the Respondent.

[10] Taking into account the need to ensure that procedures for dealing with dismissals need to be “quick, flexible and informal” I am satisfied that enough information has been provided by Mr Mas in relation to this application to enable it to proceed, noting that the first matter that will need to be addressed is a requirement for an extension of time. For these reasons I intend to waive compliance with the rules in accordance with Rule 6 of the Fair Work Commission Rules 2013 and accept Mr Mas’ application. An Order 1 to this effect will be issued shortly.

[11] In having reached this decision Mr Mas should be aware of the need to comply with any directions issued by the Commission in relation to his application. A failure to do so may result in his application being dismissed.

[12] The file will now be referred for determination of an extension of time within which to make the application..

COMMISSIONER

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