Simone Lynch v Hunter Region Cash Converters Pty Ltd T/A Cash Converter Broadmeadow

[2018] FWC 7418

[2018] FWC 7418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Simone Lynch
v
Hunter Region Cash Converters Pty Ltd T/A Cash Converter Broadmeadow
(U2018/9447)

COMMISSIONER SAUNDERS NEWCASTLE, 5 DECEMBER 2018

Application for an unfair dismissal remedy – application dismissed.

[1] This decision relates to an unfair dismissal application by Mrs Simone Lynch pursuant to section 394 of the Fair Work Act 2009 (Cth) (Act) against her former employer, Hunter Region Cash Converters Pty Ltd T/A Cash Converters Broadmeadow.

[2] The applicant and respondent attended a directions hearing by telephone on 5 November 2018, following which directions were issued and a hearing date set for 1 February 2019. The applicant was directed to file and serve an outline of submissions, witness statements and other documentary material in support of her application, by 4.00pm on Monday, 26 November 2018. The applicant did not file or serve any material within that timeframe, nor has it been filed at any subsequent time.

[3] On 27 November 2018, the applicant was sent an email from my chambers in the following terms:

“Dear Ms Lynch,

I refer to the directions in this matter issued on 5 November 2018 by Commissioner Saunders.

You were directed to file and serve material in support of your unfair dismissal application by 4pm on Monday, 26 November. We note that we have not received any material in accordance with this direction, or any other communication from or on behalf of you.

As a matter of urgency, you are directed to file and serve an outline of submissions, witness statements and other documentary material you intend to rely on in support of your unfair dismissal application by no later than 4pm on Thursday, 29 November 2018. If you fail to comply with this direction, the Commissioner may dismiss your unfair dismissal application without further notice to you.”

[4] On 27 November 2018, my Associate also telephoned the applicant. The applicant answered the phone and my Associate read her the email contained in paragraph [3] above. The applicant stated to my Associate that she understood the contents of the above email, including that she had until 4.00pm on Thursday, 29 November 2018 to file and serve her materials or her application may be dismissed without further notice to her. The Commission did not receive any communication from the applicant after 27 November 2018.

[5] For the reasons set out in the previous three paragraphs, I have decided to exercise my discretion pursuant to section 587(1) of the Act to dismiss the applicant’s unfair dismissal application against the respondent in these proceedings. The application is therefore dismissed and the hearing date on 1 February 2019 is vacated.

COMMISSIONER

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