Hannah Howarth v Marianna Zaini

[2013] FWC 2245

[2013] FWC 2245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Hannah Howarth
v
Marianna Zaini
(C2013/35)

COMMISSIONER MCKENNA SYDNEY, 12 APRIL 2013

Application to deal with contraventions involving dismissal - application dismissed.

[1] On 12 January 2013, Hannah Howarth (“the applicant”) lodged an application pursuant to s.365 of the Fair Work Act 2009 to deal with alleged contraventions involving dismissal, identifying Marianna Zaini as the respondent. The matter was listed for a conference by telephone on 24 January 2013, but that conference could not proceed due to telephone reception difficulties. The conference by telephone was rescheduled to 1 February 2013. The outcome of the conference was that the applicant indicated she did not propose to proceed with the application and, as such, the matter was stood-over pending the filing of a notice of discontinuance. Arrangements were also made to send an email to the applicant attaching a partially-completed notice of discontinuance for her to sign.

[2] An examination of the file papers records the history of communications by my Associate seeking that the applicant attend to the notice of discontinuance. In the end, various attempts to contact the applicant have not been the subject of any response at all.

[3] The applicant has not lodged a notice of discontinuance to formally effect her stated intention not to proceed with the application. Various attempts by my Associate to contact the applicant in recent weeks to today’s date concerning the notice of discontinuance have been fruitless. In the circumstances, I have determined, pursuant to s.587 of the Act, to dismiss the application for want of prosecution. An order dismissing the application has been issued in conjunction with this decision.

COMMISSIONER

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