TERMINATION OF EMPLOYMENT – application to dismiss by employer – non-compliance with directions – ss.394, 399A, 587 Fair Work Act 2009 – application for relief from unfair dismissal – applicant directed to file material in support of his application by 21 March 2016 – on 16 March 2016 applicant sent email requesting extension of time to file material – applicant asked to advise how long he was requesting so his application for an extension of time could be considered – on 21 March 2016 applicant advised he sought a six month extension – on 22 March 2016 respondent wrote to Commission noting the applicant’s non-compliance and said there were ‘grounds for the Fair Work Commission to strike out this matter’ – applicant provided with a copy of respondent’s application and asked to respond by 14 April 2016 – on 6 April 2016 applicant advised request for a six month adjournment had been rejected – applicant again requested a six month adjournment – respondent filed submissions in support of its application – applicant did not comply with the directions issued for him to file his material by 14 April 2016 – primary submission was applicant’s claim should be dismissed because he had unreasonably failed to comply with two sets of directions – further submitted applicant will not in the foreseeable future be able to prosecute his claim and provide evidence, that this should give rise to finding that his application had no reasonable prospects of success – applicant did not provide any compelling reasons why he is not able to prepare his case in time normally provided to parties – significant amount of material on Commission’s website to assist unrepresented parties – Commission has discretion to dismiss application because there has been unreasonable non-compliance with directions – role of case management in Ghalloub adopted – Commission not satisfied applicant’s case has no reasonable prospects of success – not satisfied his failure to comply with directions means case is bound to fail – found applicant has not ignored the Commission – not satisfied applicant shown intention not to prosecute claim – Commission not prepared to dismiss applicant’s application – directions for applicant to file his material within 14 days of this decision issued – if applicant does not comply with these directions then his application will be dismissed without further notice. Costello v Queensland Rail Transit Authority t/a Queensland Rail
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