Adam Vaughan v Aurora Fencing & Landscapes Pty Ltd

[2013] FWC 1673

[2013] FWC 1673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Adam Vaughan
v
Aurora Fencing & Landscapes Pty Ltd
(C2013/3472)

COMMISSIONER MCKENNA SYDNEY, 5 APRIL 2013

Application to deal with contraventions involving dismissal - application dismissed.

[1] Adam Vaughan (“the applicant”) lodged an application pursuant to s.365 of the Fair Work Act 2009 (“the Act”) to deal with alleged contraventions involving dismissal. The matter was listed for a conference by telephone, given the applicant does not reside in metropolitan Sydney. In the conference on 18 March 2013, the respondent company, Aurora Fencing & Landscapes Pty Ltd, was represented by its general manager.

[2] Without disclosing what was canvassed in the private conference, the applicant disconnected the telephone connection by hanging-up prior to the conclusion of the proceedings. The applicant was promptly re-dialled by my Associate. The applicant, for a second time, disconnected the telephone connection by hanging-up prior to the conclusion of the proceedings. The applicant did not seek permission to be excused or to withdraw from the proceedings, and nor did he make any other application.

[3] On 21 March 2013, I caused correspondence to be forwarded to the applicant noting what had occurred in the conference. The correspondence asked the applicant to sign and return an enclosed Notice of Discontinuance in the stamped return envelope also provided to him. The correspondence advised that if the Notice of Discontinuance was not received by close of business on 4 April 2013 the application would be dismissed.

[4] The applicant has not lodged a Notice of Discontinuance. In all the circumstances, I have determined, pursuant to s.587 of the Act, to dismiss the application for want of prosecution

COMMISSIONER

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