Dr Frank Will v Deakin University

[2015] FWC 1013

[2015] FWC 1013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Dr Frank Will
v
Deakin University
(U2014/13077)

COMMISSIONER BISSETT MELBOURNE, 11 FEBRUARY 2015

Application for relief from unfair dismissal - Application to set aside Order to Attend.

[1] On 20 January 2015 Dr Frank Will’s made an application pursuant to s. 590(2)(a) of the Fair Work Act 2009 (the Act) for an Order requiring a person to attend the Fair Work Commission. The application was made for Mr Raymond Roche to attend to give evidence. Mr Roche had provided a witness statement for Dr Will’s in his unfair dismissal application.

[2] On 22 January 2015 the Panel Head for Termination of employment, Deputy President Gooley issued the Order requiring Mr Roche attend the hearing on 29 January 2015.

[3] On 23 January 2015 Mr Roche made an application to set the Order aside, as the hearing dates had been amended to 18-20 February 2015 and he would be travelling overseas for business from 14 February 2015 until 9 May 2015. Mr Roche provided evidence of the travel.

[4] Dr Will’s unfair dismissal application has since been allocated to me. My Associate wrote to the parties advising parties I was considering granting the application for the Order to be set aside and requested submissions on why the Order should not be set aside. No submissions were received from the parties.

[5] Mr Roche’s evidence of travel has satisfied me that he will be out of the country. In all of the circumstances I am satisfied that the Order to attend should be set aside for Mr Roche. An Order will be issued to with this decision.

COMMISSIONER

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