Case procedures – application dismissed on FWC’s own initiative – ss.394, 399A, 593 Fair Work Act 2009 – application for unfair dismissal remedy – respondent lodged objection to application pursuant to ss.399A and 593 of FW Act – respondent stated applicant was dismissed for serious misconduct involving alleged theft – respondent advised it did not want matter heard until criminal matter relating to theft heard in Magistrate’s Court – criminal matter adjourned several times – applicant ultimately plead guilty and convicted – Commission contacted applicant on a number of occasions – applicant failed to comply with directions – Commission held application had no reasonable prospect of success and should be dismissed – satisfied dismissal was fair and complied with the Small Business Fair Dismissal Code – application dismissed. Box v Marshall Security Service P/L t/a Marshall Security Service
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