Rod Silman v VA Digital Hire Pty Ltd

[2020] FWC 3476

[2020] FWC 3476

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 394—Unfair dismissal

Rod Silman
v
VA Digital Hire Pty Ltd
(U2020/5090)

DEPUTY PRESIDENT SAMS SYDNEY, 2 JULY 2020

Application for an unfair dismissal remedy – applicant failed to attend telephone conference –attempts made to contact applicant to no avail –application dismissed for want of prosecution.

[1] Mr Rod Silman (the ‘applicant’), filed an unfair dismissal application with the Fair Work Commission pursuant to s 394 of the Fair Work Act 2009 (the ‘Act’), after his employment with the respondent, VA Digital Hire Pty Ltd (the ‘respondent’), was terminated on 27 March 2020.

[2] In accordance with my usual practice, I listed the matter for telephone conference on 15 June 2020. The applicant was unable to be reached at this time, having cause for my Associate to send the following email to the applicant:

‘Dear Mr Silman,

I refer to the above matter, and refer to your non-attendance at today’s teleconference listed at 10:00am (see the attached notice of listing), despite Chambers attempting to contact you on multiple occasions on both the number listed in your Form F2 (noting that you have not provided your contact information to Chambers in accordance with the notice of listing), and your new number as indicated by your voicemail. The Commission had set this matter down during a spike in Commission matters being lodged, and costs by the Commission were wasted due to your non-attendance.

His Honour requires an explanation by way of evidence as to your non-attendance by close of business Thursday 18 June 2020. If you do not provide an explanation in writing, the matter may be closed for a failure of want of prosecution. Please be advised that as a result of Chambers being unable to reach you by phone, all correspondence with Chambers in this matter by both parties must now be in writing.

The respondent is reminded that its submissions are due to be filed by 4pm 25 June 2020 (see the attached directions). His Honour also notes that it is most unacceptable that the respondent also did not provide its contact information to Chambers prior to the commencement of this morning’s listing.

Parties are reminded that all correspondence with Chambers must copy in the other side.

Regards,

Daniel McNamara
Associate to the Hon. Deputy President P Sams AM’

[3] As no response was received by the applicant, I had cause for my Associate to send a further email to the applicant on 19 June 2020 as follows:

‘Dear Mr Silman,

I refer to the below correspondence, and note that no correspondence has been received by you regarding your matter. Therefore, His Honour hereby suspends the directions as currently timetabled. If Chambers does not hear from you by Wednesday 24 June 2020, the matter will be automatically dismissed pursuant to s 587 of the Fair Work Act 2009.

Regards,

Daniel McNamara
Associate to the Hon. Deputy President P Sams AM’

[4] Despite the above attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, he has not done so, nor has he made any attempts to contact my Chambers. Therefore, pursuant to s 587 of the Act, the application is dismissed for want of prosecution. I so order.

DEPUTY PRESIDENT

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