Scott Milne v Unilever T/A Unilever Trading Limited

[2014] FWC 625

[2014] FWC 625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Scott Milne
v
Unilever T/A Unilever Trading Limited
(U2013/15125)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 24 JANUARY 2014

Application for relief from unfair dismissal.

[1] On 21 October 2013, Mr Scott Milne Vincent made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act). Mr Milne‘s employment had been terminated by Unilever trading as Unilever Trading Limited on 30 September 2013.

[2] The matter was the subject of conciliation however, the matter was not resolved.

Consequently, directions were issued and the matter was listed for hearing.

[3] Mr Milne was directed to file an outline of submissions, any witness statements and other documentary material he wished to rely on by noon, on 16 December 2013.

[4] Mr Milne did not comply with this direction and the matter was listed for a non compliance hearing before Commissioner Roe on 20 December 2013.

[5] Mr Milne did not attend the non compliance hearing. The Respondent made an oral application, pursuant to s.399A of the Act, that the matter be dismissed as Mr Milne had failed to comply with the direction of the Fair Work Commission (the Commission). Commissioner Roe waived compliance with the Fair Work Rules 2009 and accepted the Respondent’s oral application.

[6] Commissioner Roe issued amended directions, granting Mr Milne an extension until 10 January 2014 to file materials and directed that the he be sent a letter informing him of the amended directions and that continued failure to comply with the directions would result in his application being dismissed under section 399A of the Act. The letter was sent to Mr Milne on 20 December 2013.

[7] Mr Milne did not file any material with the Commission.

[8] Section 399A of the Act provides as follows:

399A Dismissing applications

(1) The FWC may, subject to subsection (2), dismiss an application for an order under Division 4 if the FWC is satisfied that the applicant has unreasonably:

(a) failed to attend a conference conducted by the FWC, or a hearing held by the FWC, in relation to the application; or

(b) failed to comply with a direction or order of the FWC relating to the application; or

(c) failed to discontinue the application after a settlement agreement has been concluded.

....

(2) The FWC may exercise its power under subsection (1) on application by the employer.

(3) This section does not limit when the FWC may dismiss an application.

[9] Section 593 of the Act provides that the Commission is not required to hold a hearing except as provided by the Act.

[10] As Mr Milne did not file any material in opposition to the application to dismiss, I will determine the application on the papers.

[11] After considering all the material, Mr Milne’s application for remedy from unfair dismissal is dismissed. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

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