Peter Panizza v Shinda International Pty Ltd

[2020] FWC 5196

[2020] FWC 5196

FAIR WORK COMMISSION

DECISION

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

Peter Panizza
v
Shinda International Pty Ltd
(U2020/6763)

COMMISSIONER CAMBRIDGE SYDNEY, 29 SEPTEMBER 2020

Application for an unfair dismissal remedy.

[1] The Fair Work Commission (the Commission) issued a Direction in this matter on 21 July 2020, which, inter alia, required that by 31 August 2020, the applicant, Peter Panizza was to file and serve evidence and submissions by 4:00 pm on that day.

[2] Neither the applicant, nor the agents acting on his behalf, Employee Dismissal Claims Pty Ltd, 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 claim for unfair dismissal is 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 application is dismissed because; the applicant has unreasonably failed to comply with Directions of the Commission; and, the application has no reasonable prospects of success; and, the application has failed for want of prosecution.

[4] An Order [PR723145] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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<PR723144>