Don’t waste FWC’s time

A PHARMACIST who lodged an unfair dismissal claim against her employer has been chastised for wasting the Fair Work Commission’s time, by failing to prosecute the case appropriately.

Diane Porteous filed for unfair dismissal after being let go by Yarra Glen Pharmacy in Jun, having worked there on a casual basis for eight months, to cover another pharmacist’s maternity leave.

When the other pharmacist returned to work Porteous was let go by the pharmacy owners.

Porteous then applied for an unfair dismissal order requiring the pharmacy to compensate her, however the owners objected to the claim as she had not served the minimum period of a year at the business.

The Commission reported that Porteous failed to comply with its directions after paying the $73.20 fee to file the claim but “did almost nothing to pursue her claim”.

“She ignored directions of the Commission to file materials,” the Commission said.

“She failed to participate in proceedings. But she did not discontinue the application.

“Meanwhile the pharmacy, a small country business, was put to the effort of responding to her claim.

“It quite properly took the claim seriously. It complied with directions to file material. It participated in two telephone proceedings.

“While the pharmacy, the public service, the Commission, and ultimately therefore the taxpayer, were at work on Porteous’ unfair dismissal application, she did almost nothing.

“Regrettably, such behaviour is not uncommon. The Commission conducts ‘non-compliance’ hearings in unfair dismissal matters on the Friday of every week, usually in call-over format because of the many non-compliant applicants.

“Where respondents have not complied with directions, the unfair dismissal applications simply proceed to hearing.”