Ryan Petersen v SRSC Payroll Services Pty Ltd
[2024] FWC 1389
•28 MAY 2024
| [2024] FWC 1389 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Ryan Petersen
v
SRSC Payroll Services Pty Ltd
(U2024/3481)
| COMMISSIONER HUNT | BRISBANE, 28 MAY 2024 |
Application for an unfair dismissal remedy
On 26 March 2024, Mr Ryan Petersen made an application to the Fair Work Commission (the Commission) under s.394 of the Fair Work Act 2009 (the Act), alleging that he had been dismissed from his employment with SRSC Payroll Services Pty Ltd (the Respondent) and that his dismissal was harsh, unjust or unreasonable.
The matter was listed for a staff conciliation on 7 May 2024. The conciliation could not proceed as Mr Petersen did not join the online conciliation conference and could not be contacted by telephone. Mr Petersen did not provide any explanation for his non-attendance at the conciliation.
The matter was allocated to me on 14 May 2024. The same day, I issued directions requiring the parties to file material by certain dates and notified the parties of a telephone conference to be convened on 21 May 2024. Mr Petersen did not attend the telephone conference on 21 May 2024, despite numerous attempts by my Associate to contact him. Accordingly, on 22 May 2024, I informed the parties the matter would be listed for a Non-Compliance Hearing on 24 May 2024.
Mr Petersen did not attend the Non-Compliance Hearing. The Hearing was therefore abandoned, and I issued correspondence informing the parties that if Mr Petersen did not provide a suitable explanation for his non-attendance at Commission proceedings, I may consider dismissing his application under s.587 of the Act.
Section 587 of the Act provides as follows:
“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.
Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3 2, see section 399A.
(2) Despite paragraphs (1)(b) and (c), the 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) The FWC may dismiss an application:
(a) on its own initiative; or
(b) on application.”
After considering the numerous attempts to engage Mr Petersen in his application to the Commission, including his failure to attend the conciliation, preliminary conference and Non-Compliance Hearing without a reasonable explanation, I have decided to dismiss the application pursuant to s.587(1)(c) of the Act. I do so at the Commission’s initiative pursuant to s.587(3)(a) of the Act. Mr Petersen has demonstrated an unwillingness to prosecute his own application and consequently I find that the application has no reasonable prospects of success.
An Order to this effect will be issued with this decision.
COMMISSIONER
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