Anthony Warke v Mark Quinlan Tilers Pty Ltd AFT the Quinlan Trading Trust T/A Mark Quinlan Tilers Pty Ltd

[2015] FWC 5741

[2015] FWC 5741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Anthony Warke
v
Mark Quinlan Tilers Pty Ltd AFT The Quinlan Trading Trust T/A Mark Quinlan Tilers Pty Ltd
(U2014/11336)

COMMISSIONER WILSON MELBOURNE, 20 AUGUST 2015

Application for relief from unfair dismissal.

[1] On 31 July 2014, Mr Anthony Warke made an application for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act). The application form was signed by Mrs Patricia Warke, Mr Warke’s mother.

[2] As the application was filed out of time, the matter was listed for an extension of time conference/hearing on 15 September 2014.

[3] On 4 September 2014, Mrs Warke telephoned the Fair Work Commission (the Commission) and advised the parties had agreed to settle the matter, but that the file was not to be closed. Mrs Warke was advised to put this request in writing.

[4] On 5 September 2014, Mrs Warke emailed the Commission seeking the hearing date be vacated. A notice that the hearing was cancelled was then sent to parties.

[5] A Notice of Discontinuance has not been filed.

[6] As only a phone number for Mrs Warke was included on the application, the Commission attempted to contact Mrs Warke on the following dates:

• 29 July 2015



• 7 August 2015



• 12 August 2015



• 17 August 2015



• 18 August 2015

[7] The Commission was unsuccessful in making telephone contact with Mrs Warke. Voice messages were left on each occasion.

[8] On 7 August 2015, a letter was sent to Mr Warke seeking a Notice of Discontinuance be filed.

[9] To date, the Commission has not received any response from Mr Warke or Mrs Warke.

[10] Having regard to the material before me, I will exercise my power under section 587(3)(a) of the Act and dismiss Mr Warke’s application. An order giving effect to this decision will be issued today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR571009>