Wayne Halligan v Tallangatta Meat Processors

[2014] FWC 1932

[2014] FWC 1932

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Wayne Halligan
v
Tallangatta Meat Processors
(U2013/17115)

DEPUTY PRESIDENT HAMILTON MELBOURNE, 24 MARCH 2014

Application for relief from unfair dismissal; extension of time

[1] On 6 December 2013 Mr Wayne Halligan filed an application for an unfair dismissal remedy under s.394 of the Fair Work Act 2009 (the Act) against Tallangatta Meat Processors. Mr Halligan alleged he was dismissed on 14 November 2013.

[2] The matter was listed for conciliation on 31 January 2014. The conference was cancelled when the respondent elected to proceed to formal hearing on the basis there was a jurisdictional objection. The employer submits that the application was out of time, and that there was no dismissal 1.

[3] The matter was listed for an extension of time hearing/conference on 26 and 27 March 2014 in Wodonga and directions were issued. The applicant did not comply with directions.

[4] The respondent made an application to dismiss the matter.

[5] The applicant was given until close of business on 19 March 2014 to comply with directions 2. He was directed “to file with the Commission, and serve on the respondent, submissions providing reasons why the Commission should not dismiss your application, evidence or other documentary material you have to support your reasons. . . . that if you do not file the material by close of business on Wednesday, 19 March 2014, your application for relief from unfair dismissal will be dismissed.’

[6] The applicant has not complied with directions.

[7] The listings of 26 and 27 March 2014 have been cancelled. Pursuant to s.399A the application is dismissed. An order is contained in PR548923.

DEPUTY PRESIDENT

 1   Email of 28 January 2014 from Mr Will Smith for the employer and Form F3 - Employer Response to Unfair Dismissal Application.

 2   Letter dated 11 March 2014 from the Fair Work Commission to Mr Wayne Halligan

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