Unfair Dismissal Case: U2023/719 Sam King v Fingal Bay Service Station & Tyre Service Pty Ltd
Section 394 of the Fair Work Act 2009 (Cth) provides for an applicant to seek a remedy for unfair dismissal.
There are cases, such as the recently settled Sam King v Fingal Bay Service Station & Tyre Service Pty Ltd where the Fair Work Commission can dismiss an application because directions are not complied with in terms of filing submissions.
In Sam King v Fingal Bay Service Station & Tyre Service Pty Ltd the applicant (King) was required to file documents and then later given an ultimate deadline to file documents as a 'last chance' and informed by the Fair Work Commission that the unfair dismissal application would be dismissed if the orders not complied with.
The orders to file were not satisfied and the unfair dismissal remedy was dismissed.
This is one example of why compliance with orders of the Fair Work Commission in unfair dismissal and any other matter before the Fair Work Commission is important.
It is often the case that self represented parties get to a point of frustration and hopeless despair because of their l;ack of experience in the jurisdiction.
If you need advice on an unfair dismissal appeal, always seek advice from professional advocates or a lawyer specialising in the area of employment law.
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