[2022] FWC 1790
FairWork
Commission
DECISION
Fair Work Act 2009
s.394—Unfair dismissal
Kristen Gordon
v
Sens Catering Group Pty Ltd
(U2022/3106)
COMMISSIONER SIMPSON BRISBANE, 11 JULY 2022
Application for unfair dismissal remedy – dismissal unfair – order for compensation
[1] On 14 March 2022, Ms Kristen Gordon (Ms Gordon/the Applicant) made an application to the Fair Work Commission (the Commission) under s.394 of the Fair Work Act 2009 (the Act) for an unfair dismissal remedy against Sens Catering Group Pty Ltd (Sens /the Respondent).
[2] A conciliation before a Commission Conciliator did not take place and the matter was then allocated to me. I listed the matter for a Directions Hearing on 26 May 2022. The Respondent did not attend the Directions Hearing and had earlier indicated that they did not wish to participate in the hearing and did not wish to file any further material. I set dates for the filing of material for both parties.
[3] After the Directions Hearing, my chambers sent an email to the Respondent contact being Mr Jerry Chen (Mr Chen) as follows:
"Dear Mr Chen,
I refer to the above matter.
The Commissioner advises that there are factual disputes that need to be resolved, including whether the Respondent is a small business with less than 15 employees and whether the Applicant was dismissed. The Commissioner puts you on notice that the hearing for this matter will occur at 10:00AM Friday, 1 July 2022 by telephone because of these factual disputes, and it is a matter for you if you participate.
Chambers will send a notice of listing and directions shortly outlining the dates for filing of material. It is also a matter for you if you file material in accordance with the directions. The Commissioner again puts you on notice that should you not submit material in accordance with the directions, the matter will be decided in the absence of material from you."
[4] No response was received.
