Charles Tham v Conrock Group Pty Ltd T/A Conrock Industries Pty Ltd

[2011] FWA 7610

[2011] FWA 7610

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Charles Tham
v
Conrock Group Pty Ltd T/A Conrock Industries Pty Ltd
(U2011/9935)

COMMISSIONER BISSETT MELBOURNE, 4 NOVEMBER 2011

Application for unfair dismissal remedy.

[1] This is an application by Mr Charles Tham for relief from unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Tham was employed by Conrock Group Pty Ltd t/as Conrock Industries Pty Ltd. He commenced employment on 16 August 2010. He was dismissed from his employment on 1 June 2011.

[3] Mr Tham lodged his application for unfair dismissal on 18 July 2011, 47 days after the dismissal took effect. His application is therefore 33 days outside the 14 day time period specified in s.394(1) of the Act.

[4] For Fair Work Australia to deal with Mr Tham’s application an extension of time must be granted.

[5] The employer in this matter has not filed a Form F3 nor did a representative of the employer attend conciliation.

[6] On 28 September 2011 a notice of listing and directions for filing material was sent to Mr Tham and the employer with respect to dealing with the extension of time. The matter was listed to be heard before me on 4 November 2011.

[7] Neither Mr Tham nor the employer have filed material in accordance with those directions.

[8] Attempts by Fair Work Australia staff to contact Mr Tham with respect to his non-compliance have been unsuccessful.

[9] Mr Tham failed to attend today’s hearing. Attempts by my associate to contact Mr Tham at the time of the hearing have been unsuccessful.

[10] Given these circumstances and the failure of Mr Tham to prosecute his case the application by Mr Tham is dismissed as it was received outside the time limit specified in the Act. An order to this effect will issue with this decision.

COMMISSIONER

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