The Fair Work Commission is committed to “a fair go all
round”. This does not mean, however, that it is there purely for the convenience
of one party to an application.
This much is demonstrated in Newbey v Atlas Group Pty Ltd [2016] FWC 5246.
On 22 April 2016 Mr Newbey applied for an unfair dismissal
remedy arising from the termination of his employment at Atlas.
When Atlas lodged its response saying that the termination
was a genuine redundancy the commission listed the application for conferences
and directions, neither of which Mr Newby attended or complied with over a two
month period.
As a date for participation or compliance approached, Mr
Newbey, who had obtained another job in the meantime, routinely emailed the
commission that he was unavailable requesting another time.
Matters came to a head when he had not lodged documents by
27 September 2016 in compliance with directions earlier given. When the
commission could not reach Mr Newbey and there was no explanation from him, it
dismissed his application under section 399A of the Fair Work Act.
The lesson for dismissed workers is that they must be
prepared to see their applications through.
