Armin Kiani-Bajestani v Starwood Hotels and Resorts T/A Sheraton on the Park Pty Ltd
[2012] FWA 5918
•18 JULY 2012
[2012] FWA 5918 |
|
DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Armin Kiani-Bajestani
v
Starwood Hotels and Resorts T/A Sheraton on the Park Pty Ltd
(U2012/7581)
COMMISSIONER CAMBRIDGE | SYDNEY, 18 JULY 2012 |
Application for unfair dismissal remedy - application dismissed.
[1] This matter involves an application for unfair dismissal remedy made pursuant to section 394 of the Fair Work Act 2009 (the Act). The application was lodged at Sydney on 30 April 2012. The application was made by Armin Kiani-Bajestani (the applicant) and the respondent has been identified as Starwood Hotels and Resorts T/A Sheraton on the Park Pty Ltd (the employer).
[2] The matter was initially listed for Jurisdiction Conference/Hearing before Fair Work Australia (FWA) in Sydney on 6 July 2012. However as the applicant had not complied with the Directions issued by FWA, the matter was converted to a Directions proceedings. The applicant failed to attend these proceedings and failed to provide FWA with any other advice in relation to this matter.
[3] On 6 July 2012, FWA requested that the applicant provide a written explanation for his non-attendance within 7 days. FWA advised that in the absence of any communication from the applicant, FWA would then of its own motion, move to dismiss the matter.
[4] On 7 July 2012, FWA received an email from the applicant advising that he was not aware of the proceedings scheduled for 6 July 2012. On 9 July 2012 FWA further requested that the applicant provide a compelling explanation as to why he was not aware of the proceedings listed for 6 July 2012. Such explanation was to be provided within a further 7 days.
[5] As of 18 July 2012, FWA has not received any further communication from the applicant, or any other advice about this application. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.
[6] An Order [PR526245] dismissing the matter will be issued concurrently with this Decision.
COMMISSIONER
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