Suwanna Wan-In v Iris Group Management Pty Limited

[2024] FWC 1342

[2024] FWC 1342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Suwanna Wan-In
v

Iris Group Management Pty Limited

(U2024/193)

COMMISSIONER MCKINNON SYDNEY, 22 MAY 2024

Application for an unfair dismissal remedy

1. Ms Suwanna Wan-In was employed on a casual basis by Iris Group Management Pty Limited trading as the Riverwood Hotel (Iris Group). Her employment commenced on 10 May 2023 and ended on 4 January 2024.

1. On 5 January 2024, Ms Wan-In applied in time for an unfair dismissal remedy under s.394 of the Fair Work Act 2009 (Cth) (the Act). Iris Group objected (late) to the application on the basis that Ms Wan-In was a “casual employee with ad-hoc shifts”.

1. On 25 March 2024, I issued directions for the conduct of the case. Neither party complied with the Directions as issued. A further direction was issued to Ms Wan-In on 17 April 2024 requiring her to file any materials in support of her application by close of business that day. Ms Wan-In did not comply with the direction.

1. Section 399A of the Act permits the Commission to dismiss an application in prescribed circumstances, one of which is that the applicant has unreasonably failed to comply with a direction or order of the Commission relating to the application. The power may only be exercised on application by the employer. Iris Group has applied for dismissal of the application under section 399A.

1. I find that Ms Wan-In has failed to comply with directions of the Commission to:

2. File and serve an outline of submissions, all witness statements and any other evidentiary material upon which she sought to rely by 16 April 2024,

3. File and serve any material in reply to the Respondent’s materials by 7 May 2024,

4. File and serve short submissions on the format of the hearing and any request for permission to appear, and

5. Attend Conciliation on 8 May 2024.

1. Further, Ms Wan-In did not enter an appearance at the hearing of the application today.

1. The failure of Ms Wan-In to file any material in reply to the Respondent’s materials by 7 May 2024 was plainly not unreasonable in circumstances where the Respondent had not filed any such materials. However, her failure to comply with each of the other directions issued in relation to the conduct of her case, in circumstances where no explanation has been provided to the Commission, was unreasonable. It meant the diversion of public resources to a case that appears to have been abandoned.

1. The application is dismissed under section 399A.

COMMISSIONER

Appearances:

No appearance for the Applicant.
R Hawkins for the Respondent.

Hearing details:

2024.
Sydney (by video):
May 22.

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