Alex Aqueveque v The Jewellery Group T/A Zamels Jewellers
[2010] FWA 3688
•10 MAY 2010
[2010] FWA 3688 |
|
DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Alex Aqueveque
v
The Jewellery Group T/A Zamels Jewellers
(U2010/6355)
COMMISSIONER DEEGAN | CANBERRA, 10 MAY 2010 |
Termination of employment.
[1] On 24 February 2010, an application was received from Mr Alex Aqueveque (‘the applicant’) for relief made pursuant to s.394 of the Fair Work Act 2009 (‘the Act’) in respect of the termination of his employment by The Jewellery Group T/A Zamels Jewellers (‘the respondent’).
[2] After an unsuccessful telephone conciliation conference, a telephone directions conference was held where the parties agreed to file written submissions prior to a hearing. Written directions were issued on 11 March 2010 which stated:
“1. The applicant is directed to file in Fair Work Australia, and serve on the respondent an outline of submissions, documentary material relied on and witness statements by no later than 5:00pm, Thursday 1 April 2010.
2. The respondent is directed to file in Fair Work Australia, and serve on the applicant an outline of submissions, documentary material relied on and witness statements by no later than 5:00pm, Tuesday 27 April 2010.
…
If the applicant does not comply, the matter may be DEEMED TO HAVE BEEN DISCONTINUED.”
[3] On 6 April 2010, the respondent contacted Fair Work Australia seeking information in relation to the failure of the applicant to file any material by 1 April 2010. On the same day, Fair Work Australia contacted the applicant by telephone and was advised by the applicant that he no longer sought to proceed with his application. The applicant was advised that a notice of discontinuance in writing should be filed within 7 days.
[4] On 19 April 2010, Fair Work Australia sent written correspondence to the applicant which stated:
“I refer to the above application made pursuant to s.394 of the Fair Work Act 2009 (“the Act”) in relation to the termination of your employment by Zamels (“the respondent”).
On 6 April 2010 and subsequent to the failure to file written submissions by 1 April 2010, you advised Fair Work Australia by telephone that you did not wish to proceed with your application. Fair Work Australia advised you that a notice of discontinuance in writing would need to be sent to Fair Work Australia.
Our records to date indicate that no written materials, either in the form of written submissions or a notice of discontinuance have been received. Should no written advice be received from you by 5:00pm 23 April 2010, the matter may be deemed to be discontinued pursuant to s.587(3) of the Act.”
[5] On 27 April 2010, I wrote to the applicant:
“On 11 March 2010, directions were issued and you were directed to file and serve your written material by 5:00pm, Thursday 1 April 2010. Our records indicate that no material has been filed you, nor have we received any notification that you do not intend to pursue your applicant.
Fair Work Australia therefore seeks your written confirmation that you intend to continue with your application. Please advise your intention in writing by 5:00pm, Friday 7 May 2010. If no response is received by that time your application will be dismissed.”
[6] No response has been received from the applicant and as at the date of this decision, the applicant has not filed any material.
[7] Section 587 (3) of the Act states:
Dismissing applications
(3) FWA may dismiss an application:
(a) on its own initiative; or
(b) on application.
[8] The applicant has not attempted to pursue his application. The applicant did not comply with the directions issued on 11 March 2010 and has provided no response to the letter sent to him on 19 or 27 April 2010.
[9] In the circumstances, the applicant’s application for an unfair dismissal remedy is dismissed on the initiative of Fair Work Australia under s.587 (3) of the Act.
[10] An order to this effect will issue separately.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, PR996957>
0
0
0