Edward Wells v Cowra Machinery Centre Summary

[2013] FWC 9250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Edward Wells
v
Cowra Machinery Centre
(U2013/2743)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 22 NOVEMBER 2013

Application for relief from unfair dismissal withdrawn.

[1] On 15 August 2013, Mr Edward Wells 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 16 October 2013. Conciliation could not take place as Mr Wells did not attend.

[3] On 22 November 2013, Mr Wells advised the Fair Work Commission (the Commission) by email that he no longer wanted to continue with his application.

[4] Mr Wells contact the Commission by telephone. Once again he confirmed that he no longer wanted to continue with the application. The Commission advised Mr Wells of the formalities of discontinuing an application and asked whether he wanted to file a completed Form F50 - Notice of Discontinuance (Form F50) or alternatively, a Member may waive compliance with the Fair Work Rules 2010 (the Rules) and withdraw the application as a consequence of his advice. Mr Wells advised that the latter was his preference.

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

[6] 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.

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

[8] 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 Wells file and serve a Form F50 as I am satisfied that Mr Wells has discontinued his application.

[9]
The application is therefore, discontinued.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Edward Wells filed an application against Cowra Machinery Centre seeking relief from an unfair dismissal. The case arose after Mr. Wells was terminated from his employment by the respondent. The application was subsequently withdrawn by Mr. Wells, leaving the Commission to determine the appropriate course of action regarding the withdrawal of the application.

The legal issues before the Commission included the validity and implications of the withdrawal of the application for relief from unfair dismissal. The Commission had to consider the procedural fairness in handling the withdrawal and determine whether any further action was necessary in light of the withdrawal.

The Commission found that the application had been properly withdrawn and that there were no outstanding matters requiring further adjudication. The Commission acknowledged that the withdrawal of the application meant that the original dispute regarding the unfair dismissal was no longer before it. The Commission concluded that the withdrawal effectively resolved the application, and no further orders were necessary.

In light of the withdrawal, the Commission made no further orders and considered the matter closed. The Commission's decision provided clarity on the procedural steps following the withdrawal of an unfair dismissal application and confirmed that no further action would be taken by the Commission in relation to the original application.

Edward Wells v Cowra Machinery Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established