Adam Sells v Australian Country Choice Pty Ltd
[2011] FWA 7253
•21 OCTOBER 2011
[2011] FWA 7253 |
|
DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Adam Sells
v
Australian Country Choice Pty Ltd
(U2011/8952)
COMMISSIONER BISSETT | MELBOURNE, 21 OCTOBER 2011 |
Application for an unfair dismissal remedy.
[1] This is an application for a relief from unfair dismissal under s.394 of the Fair Work Act 2009 (the Act) by Mr Adam Sells. Mr Sells claims that he was dismissed from Australian Country Choice Pty Ltd.
[2] The matter was listed for arbitration before me on 10 October 2011. The Applicant failed to appear.
[3] Following the hearing I sent the following correspondence to the Applicant:
On 17 June 2011 your representative (AMIEU) lodged an application for an unfair dismissal remedy on your behalf with Fair Work Australia.
The matter was first listed to be dealt with by a Fair Work Australia conciliator on 14 July 2011. You failed to attend that conciliation conference.
On 5 August 2011 you were notified that the matter would be heard on Monday 10 October and Tuesday 11 October at Fair Work Australia in Brisbane. That notice also set out directions as to the requirement on you to file your submissions and witness evidence with Fair Work Australia and the Respondent. You failed to comply with these directions.
On 29 August 2011 you were notified that you were required to attend a non-compliance hearing on 1 September 2011. At that hearing you advised that your material would be in “by next week”. You failed to lodge any material.
On 19 September 2011, following a number of attempts to contact you by phone, you were sent a letter by Fair Work Australia with respect to your failure to comply with those directions and asked to contact Fair Work Australia. You failed to do so.
On 10 October 2011 your application was listed for a hearing before me in Brisbane. You failed to attend. Attempts by my associate to contact you by phone were unsuccessful.
The purpose of this letter is to advise you that if you do not contact this office by close of business Friday 21 October 2011 with a reason as to why I should not dismiss your application for an unfair dismissal remedy your application will be dismissed for want of prosecution.
[4] As of close of business today Mr Sells has failed to contact my chambers. In these circumstances I have no choice but to order the application be dismissed for want of prosecution.
[5] An order to this effect will issue with this decision.
COMMISSIONER
Appearances:
K Burke and D Sanchez for the Respondent.
Hearing details:
2011.
Brisbane:
October 10.
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