Frances Pingiaro v Norris Real Estate Pty Ltd T/A Norris Real Estate

[2014] FWC 3233

[2014] FWC 3233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Frances Pingiaro
v
Norris Real Estate Pty Ltd T/A Norris Real Estate
(U2013/14205)

COMMISSIONER ROE MELBOURNE, 15 MAY 2014

Application for relief from unfair dismissal.

[1] The Application was filed on 3 October 2013 and was listed for hearing before me on 6 March 2014.

[2] On 4 March 2014 the lawyers for the Applicant advised that the matter had been settled. The lawyers advised that the terms of settlement provided for payments within 21 days of the settlement on 4 March 2014. They advised that they would discontinue the proceedings once the payment had been made.

[3] On 5 March 2014 we cancelled the proceedings and requested a notice of discontinuance. Nothing further was provided.

[4] On 7 May 2014 we wrote to the parties and again requested a notice of discontinuance. We advised that “if we do not receive such a notice within seven days we may dismiss the matter due to lack of prosecution”.

[5] Section 587 of the Fair Work Act 2009 provides the Fair Work Commission with the power to dismiss applications. I consider it appropriate to dismiss this Application for want of prosecution.

COMMISSIONER

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