s.394 - Unfair dismissal

Application for an unfair dismissal remedy - Fair Work Act 2009 (Cth) s.603 - revocation of decision [2021] FWC 133.

[1] On 16 September 2020, the Fair Work Commission (the Commission) received an application from James Willis (the Applicant) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act), in respect of his employment with BE Imaging Pty Ltd (the Respondent).

[2] A Form F3 Employer Response was filed by the Respondent on 1 October 2020. The matter was allocated to my Chambers for hearing and determination on 10 November 2020.

[3] On 12 January 2021, the Commission issued a Decision[1] dismissing the application on its own initiative pursuant to s.587 of the Act, as it appeared that the applicant had failed to respond to Chambers' correspondence directing him to comply with directions.

[4] Following the dismissal of the application, an investigation by the Commission's information technology team revealed that several pieces of correspondence by the Applicant had been "blacklisted". Accordingly, no one in the Commission received any correspondence from the Applicant, nor was there any notification to the Applicant the material had not been received.

[5] In the circumstances, I have decided to revoke the 12 January 2021 Decision, pursuant to s.603 of the Act.

[6] The application will be reallocated to Vice President Catanzariti, who may determine to allocate the matter to myself, or another Member of this Commission.

[1] [2021] FWC 133.

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