Chalmers v Motor Trades Association of WA (Inc)
Cited 1×
Applicant: Christopher Chalmers
Respondent: Motor Trades Association of WA (Inc)
Ratio
The application for relief from unfair dismissal was dismissed for want of prosecution pursuant to s.587(3)(a) of the Fair Work Act because the applicant failed to comply with multiple directions for filing evidence and statements, and did not communicate with the Commission as to why he could not comply.
Outcome
Against applicant
dismissed
Authority signal
Cited 1×
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
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Key facts · 9
- Application made on 10 October 2014
- Conciliation did not resolve the matter
- Referred to arbitration on 18 November 2014
- Directions issued on 20 November 2014
- Documents were required to be filed by 18 December 2014
- Applicant did not comply with the 18 December 2014 deadline
- Statement of Facts and witness statements were required by 22 January 2015
- Applicant did not comply with the 22 January 2015 deadline
- Applicant did not communicate with the Commission regarding non-compliance
Factors
For
Against
- Failure to file documents by 18 December 2014
- Failure to file Statement of Facts and witness statements by 22 January 2015
- No communication from applicant explaining non-compliance with directions
Legislation referenced
- Fair Work Act 2009 (Cth) s.394
- Fair Work Act 2009 (Cth) s.587(3)(a)
Concept tags · 5
Archived text (303 words)
Chalmers v Motor Trades Association of WA (Inc) [2015] FWC 934 (9 February 2015)
[2015] FWC 934
FAIR WORK COMMISSION
DECISION
Fair Work Act 2009
s.394
- Application for unfair dismissal remedy
Mr Christopher Chalmers
v
Motor Trades Association of WA (Inc)
(U2014/13229)
COMMISSIONER CLOGHAN
PERTH, 9 FEBRUARY 2015
Application for relief from unfair dismissal.
[1]
On 10 October 2014, Mr Christopher Chalmers (
Mr Chalmers or Applicant
) made application to the Fair Work Commission (
Commission
) seeking a remedy for alleged unfair dismissal from his former employer, Motor Trades Association of WA (Inc) (
Employer
).
[2]
The application was made pursuant to
s.394
of the
Fair Work Act
(
FW Act
).
[3]
Conciliation did not resolve the application and it was referred to me for arbitration on 18 November 2014.
[4]
On 20 November 2014, I issued Directions for an arbitral hearing. At the conclusion of the Directions, in bolding, are the words:
“The Applicant and Employer must comply with these directions.”
[5]
The parties were required to file and serve documents to which they intended to rely upon, in accordance with the Directions by 18
December 2014. The Applicant did not comply with the direction.
[6]
The Applicant was required, by 22 January 2015, to provide his Statement of Facts, witness statements and any other documentary material
to be relied upon. The Applicant did not comply with the direction.
[7]
The Applicant has not communicated with the Commission as to why he has been unable to comply with the Commission’s Directions
in relation to his application.
[8]
Accordingly, the application is dismissed for want of prosecution pursuant to s.587(3)(a) of the FW Act. An Order to this effect
is issued jointly with this Decision.
COMMISSIONER
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