Anthony Menz v Goldfields Total Connections Pty Ltd

[2011] FWA 8869

[2011] FWA 8869

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Anthony Menz
v
Goldfields Total Connections Pty Ltd
(U2011/12385)

DEPUTY PRESIDENT MCCARTHY PERTH, 15 DECEMBER 2011

Application for unfair dismissal remedy.

[1] An application was lodged by Mr Anthony John Menz (the Applicant) on 7 October 2011 asserting that he was dismissed unfairly from his employment with Goldfields Total Connections Pty Ltd (the Respondent).

[2] The Applicant, in his application, provided explanations of the circumstances of his termination and documentation in support of those explanations.

[3] The Respondent lodged a response to the application on 7 November 2011. The Respondent asserted that the Applicant’s employment was not terminated at the initiative of the employer.

[4] A conciliation conference was listed for 3 November 2011 with a Fair Work Australia Conciliator. The conference did not take place.

[5] I listed the application for a directions conference by telephone on 15 December 2011. The Respondent attended that conference. The Applicant did not attend. The Respondent informed me at the conference that the reason the Conciliator’s conference did not take place was because the Applicant failed to attend that conference.

[6] I have formed the view that the Applicant has abandoned his application.

[7] I am also satisfied that the termination of employment was not at the initiative of the employer. That much is evident from the application and the supporting documents.

[8] The application is dismissed for want of jurisdiction. If there is jurisdiction, the application is dismissed in any event as I have concluded that the Applicant has abandoned the application.

DEPUTY PRESIDENT

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