Susanne Haines v North & West Remote Health T/A Central and North West Queensland Medicare Local

[2016] FWC 4288

[2016] FWC 4288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Susanne Haines
v
North & West Remote Health T/A Central and North West Queensland Medicare Local
(U2014/12190)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 29 JUNE 2016

Application for relief from unfair dismissal.

[1] On 2 September 2014, Ms Susanne Haines made an application for unfair dismissal remedy in relation to her dismissal under s.394 of the Fair Work Act 2009.

[2] On 22 September 2014, North & West Remote Health T/A Central and North West Queensland Medicare Local (NWRH) filed their response to the application for unfair dismissal remedy.

[3] The matter was the subject of conciliation on 25 September 2014 however, the matter was not resolved. Consequently, directions were issued and the matter was listed for hearing in January 2015.

[4] On 26 November 2014, Ms Haines’ representative advised the parties had reached an in principle agreement and requested the directions be vacated.

[5] On 4 March 2015, the Commission emailed Ms Haines’ representative chasing up a Notice of Discontinuance.

[6] On 5 March 2015, Ms Haines’ representative filed a F54 Notice easing to act for Ms Haines.

[7] On 27 March 2015, the Commission attempted to contact Ms Haines and a message was left asking her to contact the Commission.

[8] On 30 June 2015 and 7 April 2016, the Commission emailed Ms Haines requesting a Notice of Discontinuance be filed.

[9] On 20 June 2016, the Commission forwarded correspondence to Ms Haines as follows:

“On 26 November 2014 your representative advised that you had reached an in-principle agreement in relation to this matter and requested that the directions and hearing date be vacated.

On 5 March 2015 your representative ceased acting for you. You have not responded to two messages left for you by Commission staff, nor have you responded to emails sent to you.

Deputy President Gooley, Termination of Employment Panel Head, proposes to dismiss your application under s.587 of the Fair Work Act unless you provide a reasonable explanation of your failure to take any steps to prosecute your claim.

As such, you are directed to respond to this letter by no later than noon on Friday, 24 June 2016.

If you wish to discontinue the matter, you may do so by completing and returning a Form F50 - Notice of Discontinuance. A copy of the form is attached with this letter for your convenience.”

[10] Ms Haines has not replied to that correspondence.

[11] Section 587(1) 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.”

[12] Ms Haines has taken no steps to prosecute her claim since 2014. Nor has she filed a Notice of Discontinuance. I have decided that it is appropriate to dismiss Ms Haines’ application under s.587(1) of the Act.

DEPUTY PRESIDENT

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