Taualii v Star Track Express Pty Limited

[2016] FWC 2988

[2016] FWC 2988

DECISION

Fair Work Act 2009
s.394—Unfair dismissal
Semisi (James) Taualii
v
Star Track Express Pty Limited T/A Star Track
(U2016/4016)
COMMISSIONER WILSON	MELBOURNE, 13 MAY 2016
Application for relief from unfair dismissal.

1

[1] On 31 March 2016, Deputy President Gooley issued a decision allowing a further

period of time to Mr Taualii to comply with directions and file material to support his

application for unfair dismissal. Mr Taualii was put on notice that if he failed to comply with

the direction or seek a variation to the direction, his application would be dismissed without

further notice to him.

[2]        Mr Taualii did not file any material by 11 April 2016 as required and the Commission

has not received any communications or requests from him seeking a variation to the

directions.

2

[3] As outlined in the Deputy President’s decision , Star Track made an application

pursuant to s.399A of the Fair Work Act 2009 on 11 March 2016 to have Mr Taualii’s

application dismissed. That application was not dismissed by the Deputy President.

[4]        In considering this matter, I have had regard to all the material before me. Mr Taualii

has not made any attempts to pursue his claim as a result of the Deputy President’s decision.

Given these circumstances, I have formed the view that his failure to prosecute his claim is

unreasonable. I therefore will exercise my discretion and dismiss Mr Taualii’s application

pursuant to s.399A of the Act. An order giving effect to this decision will be issued today.

COMMISSIONER

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<Price code A, PR580291>

1

[2016] FWC 1997.

2

Ibid at [3].