Adam Waters v Metrix Automation Australia T/A Metrix Automation [2020] FWC 2845

1 Fair Work Act 2009 s 394—Unfair dismissal Adam Waters v Metrix Automation Australia T/A Metrix Automation (U2020/1125) DEPUTY PRESIDENT SAMS SYDNEY, 1 JUNE 2020 Application for an unfair dismissal remedy – applicant failed to attend telephone conference – attempts made to contact applicant to no avail – submissions not filed in accordance with directions – application dismissed for want of prosecution. [1] Mr Adam Waters (the ‘applicant’), filed an unfair dismissal application with the Fair Work Commission pursuant to s 394 of the Fair Work Act 2009 (the ‘Act’), after his employment with the respondent, Metrix Automation, was terminated on 16 January 2020. [2] In accordance with my usual practice, I listed the matter for telephone conference on 4 May 2020. Neither the applicant nor the respondent were able to be reached at this time, having cause for my Associate to send the following email to the parties: ‘Dear Mr Waters and Mr Waters, I refer to the above matter, and refer to your non-attendance at today’s teleconference listed at 10am, and the failure of the respondent to provide Chambers with a Form F3. The Commission had set this matter down during a spike in Commission matters being lodged, and costs by the Commission were wasted due to your non-attendance. His Honour requires an explanation by way of evidence as to your non-attendance and for the respondent, a failure to provide a Form F3, by close of business Wednesday 6 May 2020. If you do not provide an explanation in writing, and the respondent to lodge its Form F3 by this time, the matter may be closed for a failure of want of prosecution. The applicant is reminded that its submissions are due to be filed by 4pm 25 May 2020 (see the attached directions). [2020] FWC 2845 DECISION -- 1 of 2 -- [2020] FWC 2845 2 Parties are also reminded that all correspondence with Chambers must copy in the other side. Regards, Daniel McNamara Associate to the Hon. Deputy President P Sams AM’ [3] Despite attempts to have either party provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so, nor has either party filed their submissions in accordance with the directions issued on 27 April 2020. Therefore, pursuant to s 587 of the Act, the application is dismissed for want of prosecution. I so order. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR719790> -- 2 of 2 --