David Kahn v Blowflex Mouldings Pty Ltd

[2014] FWC 275

[2014] FWC 275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

David Kahn
v
Blowflex Mouldings Pty Ltd
(U2013/1432)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 10 JANUARY 2014

Application for relief from unfair dismissal.

[1] On 3 May 2013, Mr David Kahn made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] The matter was listed for conciliation on 11 June 2013. The matter did not settle at conciliation.

[3] On 1 August 2013, Mr Kahn’s representative verbally advised the Fair Work Commission (the Commission) that parties had reached a settlement agreement.

[4] On 5 August 2013, Mr Kahn’s representative emailed the Commission confirming settlement and attached a copy of the terms of settlement. He advised that a Form F50 – Notice of Discontinuance would be filed in due course.

[5] On 25 September 2013, the Commission attempted without success to contact Mr Kahn’s representative.

[6] On 27 September 2013, Mr Kahn’s representative advised the Commission that the status of the settlement would be followed up and a Notice of Discontinuance would be filed in due course.

[7] On 20 November 2013, the Commission attempted without success to contact Mr Kahn’s representative.

[8] On 21 November 2013, email correspondence was forwarded to Mr Kahn’s representative requesting a Notice of Discontinuance be filed. To date, no response has been received by the Commission.

[9] Having regard to the material before me, I am satisfied that given the advice of Mr Kahn’s representative that the matter has settled, that Mr Kahn intended to discontinue his application but has not filed a Form F50.

[10] 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.

[11] I have decided to waive compliance with the Fair Work Rules 2010 (the Rules).

[12] Rule 4 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 Kahn file and serve a Form F50 as I am satisfied that Mr Kahn has discontinued his application.

[13] The application is therefore, discontinued.

DEPUTY PRESIDENT

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