Rabih Salma v Chipping Norton Motor Body Repairs Pty Ltd T/A Riverside Collision Centre

[2022] FWC 1349

FAIR WORK COMMISSION

DECISION
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Rabih Salma
v
Chipping Norton Motor Body Repairs Pty Ltd T/A Riverside Collision Centre
(U2022/2522)

COMMISSIONER CAMBRIDGE

SYDNEY, 3 JUNE 2022

Application for an unfair dismissal remedy.
[1] Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore, pursuant to s.587 of the Fair Work Act 2009, the application has no reasonable prospects of success and is dismissed for want of prosecution.
[2] An Order [PR742116] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<PR742115>

The Fair Work Commission was asked to decide an application for an unfair dismissal remedy brought by Rabih Salma against Chipping Norton Motor Body Repairs Pty Ltd T/A Riverside Collision Centre. Despite multiple requests for the applicant to provide written advice or file a Notice of Discontinuance, the applicant did not respond. The Commissioner dismissed the application for want of prosecution under s.587 of the Fair Work Act 2009, concluding that the application had no reasonable prospects of success. The Commission found that the applicant had not engaged with the process and therefore dismissed the application. An Order dismissing the matter was issued concurrently with the Decision.

The legal issue before the Commission was whether the application for an unfair dismissal remedy had reasonable prospects of success. Given the applicant's failure to provide any written advice or file a Notice of Discontinuance despite repeated requests, the Commissioner concluded that the application did not have reasonable prospects of success. The Fair Work Act 2009, s.587 allows for the dismissal of an application for want of prosecution if it is clear that the application will not succeed. The Commission found that the applicant's lack of engagement with the process justified the dismissal of the application.

The Commission emphasised the importance of the applicant engaging with the process by providing written advice or filing a Notice of Discontinuance. The repeated requests for the applicant to take these steps went unanswered, leading the Commissioner to conclude that the application had no reasonable prospects of success. The Fair Work Act 2009 requires applicants to actively participate in proceedings, and the applicant's failure to do so warranted the dismissal of the application. The Commission's decision was based on the clear evidence of the applicant's non-engagement with the process, leading to the conclusion that the application was without merit.

An Order dismissing the matter was issued concurrently with the Decision, finalising the application for an unfair dismissal remedy. The dismissal was made under s.587 of the Fair Work Act 2009, reflecting the Commission's finding that the application had no reasonable prospects of success due to the applicant's lack of engagement. The Order ensures that the matter is formally concluded, with the application being dismissed for want of prosecution.

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