Troy Anning v Carnarvon Medical Service Aboriginal Corporation T/A Carnarvon Medical Aboriginal Corporation

[2014] FWC 3470

[2014] FWC 3470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Troy Anning
v
Carnarvon Medical Service Aboriginal Corporation T/A Carnarvon Medical Aboriginal Corporation
(U2014/3618)

DEPUTY PRESIDENT MCCARTHY PERTH, 27 MAY 2014

Application for relief from unfair dismissal.

[1] An application for unfair dismissal remedy was lodged by Mr Troy Anning (the Applicant) on 7 January 2014. The Applicant asserted he had been unfairly dismissed from his employment with Carnarvon Medical Service Aboriginal Corporation T/A Carnarvon Medical Aboriginal Corporation (the Respondent).

[2] On 9 April 2014 I issued Directions that the Applicant provide an outline of submissions and any witness statements and any other documentary material by 28 April 2014. I also listed the matter for Arbitration Hearing in Carnarvon over three days on 15, 16 and 17 July 2014.

[3] As nothing had been received from the Applicant I sent a letter to him on 30 April 2014 requesting him to advise me by 14 May 2014 of any reason or reasons why he had not complied with the Directions I issued. I indicated that if no response was received I would presume that he had discontinued his application. I also advised him that if the employer made an application for the matter to be dismissed due to his failure to comply with my Directions I may dismiss the application on those grounds. I also cancelled the listing for 15, 16 and 17 July 2014. I have received no response or communication at all from the Applicant.

[4] I am satisfied that the Applicant has unreasonably failed to comply with the Directions I issued on 9 April 2014. I have 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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