Brock Charles v Team Moto

[2015] FWC 5331

[2015] FWC 5331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Brock Charles
v
Team Moto
(U2013/10655)

COMMISSIONER WILSON MELBOURNE, 10 AUGUST 2015

Application for relief from unfair dismissal.

[1] On 14 June 2013, Mr Brock Charles made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] The matter was listed for conciliation on 23 July 2013 but the matter did not settle at conciliation.

[3] On 9 October 2013, Mr Charles verbally advised the Fair Work Commission (the Commission) that he no longer wanted to continue with his application. The Commission advised Mr Charles of the formalities of discontinuing an application and asked Mr Charles to complete a Form F50 - Notice of Discontinuance (Form F50). A copy of a Form F50 was forwarded to Mr Charles by express post on 9 October 2013.

[4] On 26 June 2014, the Commission sent Mr Charles email correspondence advising that his application remained open and that the Form F50 was required.

[5] On 4 August 2015, the Commission attempted to contact Mr Charles by telephone but his phone was disconnected.

[6] To date the Commission has not received a completed Form F50.

[7] Having regard to the material before me, I am satisfied that given Mr Charles’ advice, that he no longer wanted to prosecute his application, he intended to discontinue his application but has not filed a Form F50.

[8] Section 588 of the Act provides:

588 Discontinuing applications

A person who has applied to the FWC may discontinue the application:

(a) in accordance with the procedural rules (if any); and

(b) whether or not the matter has been settled.

[9] I have decided to waive compliance with the Fair Work Commission Rules 2013 (the Rules).

[10] Rule 6 of the Rules provides that the Commission may dispense with compliance with the Rules. I have decided to waive compliance with the requirement that Mr Charles file and serve a Form F50 as I am satisfied that Mr Charles has discontinued his application.

[11] The application is therefore, discontinued.

COMMISSIONER

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