Steven John Smith v Kimberley Metals Group

[2014] FWC 7499

[2014] FWC 7499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Steven John Smith
v
Kimberley Metals Group
(U2014/10545)

DEPUTY PRESIDENT MCCARTHY PERTH, 23 OCTOBER 2014

Application for relief from unfair dismissal.

[1] An application for unfair dismissal remedy was lodged by Mr Steven John Smith (the Applicant) on 2 July 2014. The Applicant asserted that he had been unfairly dismissed from his employment with Kimberley Metals Group (the Respondent).

[2] On 28 August 2014, I conducted a Directions Conference by telephone, with both the Applicant and the Respondent in attendance. Following the Directions Conference I issued Directions on 29 August 2014 requiring both parties to file statements of facts, submissions, witness statements and any other documentary material.

[3] The Applicant was to file his material by Friday, 12 September 2014. On 12 September 2014, the Applicant emailed my Chambers requesting an extension of time to file his material. On 15 September 2014, I issued Amended Directions providing the Applicant with an extension until Friday, 19 September 2014 to file his material in support of his application.

[4] As no material was filed by the Applicant I sent a letter to him on 30 September 2014 (by both post and email) requesting that he advise by 14 October 2014 of any reason or reasons as to why he did not comply with my Directions. I advised the Applicant that if no response was provided I would presume that he had discontinued his application. I have received no response or communication at all from the Applicant.

[5] I have therefore determined to dismiss the application pursuant to s.587 of the Fair Work Act 2009. The application is dismissed.

DEPUTY PRESIDENT

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