Darrell Trindall v Manildra Energy Australia Pty Limited

[2014] FWC 7392

[2014] FWC 7392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Darrell Trindall
v
Manildra Energy Australia Pty Limited; Harry Schwarz Consulting Pty Ltd
(C2014/5815)

COMMISSIONER MCKENNA SYDNEY, 20 OCTOBER 2014

Application to deal with contraventions involving dismissal.

[1] On 8 August 2014, the applicant in this matter lodged an application pursuant to s.365 of the Fair Work Act 2009 (“the Act”) to deal with alleged contraventions involving dismissal concerning the first and second respondents. The application was the subject of a conference on 22 August 2014. That day, the matter was (relevantly) stood-over pending the lodgement and service of a Notice of Discontinuance, which was anticipated within 21 days after the conference.

[2] In the time since the Notice of Discontinuance was expected, various telephone messages and emailed communications to the applicant by my Associate, including advice that confirmation of discontinuance by means other than lodging a Notice of Discontinuance would be accepted, have not resulted in the applicant attending to the discontinuance or otherwise responding to the various attempts to contact him.

[3] In the circumstances, I have determined of my own initiative to dismiss the application pursuant to s.587 of the Act (being a provision which does not limit when the Commission may dismiss an application).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR556770>