Andrzej Poletko v Kyrowa Nominees Pty Ltd T/A Glenvale Automotive
[2010] FWA 9689
•15 DECEMBER 2010
[2010] FWA 9689 |
|
DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Andrzej Poletko
v
Kyrowa Nominees Pty Ltd T/A Glenvale Automotive
(U2010/9093)
COMMISSIONER GAY | MELBOURNE, 15 DECEMBER 2010 |
Termination of employment - application dismissed.
[1] On 19 November 2010 Fair Work Australia wrote to the parties in the above matter, setting out the following:
“On 20 May 2010 a s.394 application was made for an unfair dismissal remedy by Andrzej Poletko (the applicant) in relation to the termination of his employment by Glenvale Automotive (the respondent).The file discloses that a conciliation occurred on 21 June 2010 which was unsuccessful.
On 12 October 2010 both parties were advised that the matter would be set down for hearing; that a Notice of Listing would be received by each shortly which would specify the time and date of the hearing, together with Directions.
On 19 October 2010 Directions issued setting out a hearing time, date and place for determination of the respondent’s jurisdictional objection (dismissal at the end of a training arrangement).
The respondent, Kyrowa Nominees Pty Ltd t/a Glenvale Automotive, was directed to file with Fair Work Australia and serve on the applicant an outline of submissions, any witness statements and other documentary material the respondent intended to rely upon in support of its jurisdictional objection by no later than noon on Friday 29 October 2010. The applicant was directed to file and serve by no later than noon on Tuesday 9 November 2010 material he intended to rely upon in opposition to the jurisdictional objection.
No material was received from Kyrowa Nominees in support of their objection to jurisdiction and no responsive material was received from the applicant.
The matter came on today for hearing of the respondent’s jurisdictional objection. There was no notification or appearance from the respondent and no appearance from the applicant.
To assist consideration of this application the applicant is requested to advise this office by no later than Wednesday 1 December 2010 whether he intends to prosecute his application. Should no response be received from the applicant the application may be dismissed.”
[2] There has been no advice received from the applicant.
ORDER
[3] I order that the application of Mr A Poletko made under s.394 of the Fair Work Act 2009 is dismissed.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, PR505109>
0
0
0