Hayden Weke v Flat White Cafe
[2011] FWA 4991
•29 JULY 2011
[2011] FWA 4991 |
|
DECISION |
Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal
Hayden Weke
v
Flat White Cafe
(C2011/3844)
COMMISSIONER RAFFAELLI | SYDNEY, 29 JULY 2011 |
Applicant’s failure to attend conciliation conferences - application dismissed.
[1] On 29 March 2011, Mr Hayden Weke (the Applicant) filed an application under s.365 of the Fair Work Act 2009 (the Act) to deal with contraventions involving dismissal.
[2] The matter was listed for conference before me at 2.00 pm on Thursday, 28 April 2011. The Applicant was provided with a Notice of Listing.
[3] The Applicant failed to attend.
[4] On 10 May 2011 the Applicant wrote to Fair Work Australia indicating that he had been unable to attend the conference as he was attending a funeral.
[5] The matter was then listed for conference before me at 1.00 pm on 8 June 2011. The Applicant was provided with the Notice of Listing.
[6] On 7 June 2011, the Applicant was contacted by my chambers to check that he would be attending the conference following day. The Applicant advised my associate that he needed to travel to New Zealand to attend his grandmother’s funeral. He indicated that he would be available for a telephone conference the following week, on Wednesday, 15 June 2011.
[7] On 7 June 2011 the listing of the conference for 8 June 2011 was cancelled. A telephone conference was listed for 10.00 am on Wednesday 15 June 2011. The Applicant was provided with the Notice of Listing.
[8] On 15 June 2011, the Applicant was not contactable for the telephone conference.
[9] On 28 June 2011 I wrote to the Applicant informing him that a conference had been arranged for 11.30 am on Friday, 22 July 2011. A copy of the Notice of Listing was attached. I said that if he (the Applicant) failed to attend, I would strike out his application. That correspondence was forwarded to the Applicant by email transmission, which has been the method of notification to the Applicant on previous occasions.
[10] The Applicant failed to attend the conference on 22 July 2011.
[11] In the circumstances, given that the Applicant has failed to attend the conferences, I have reached the conclusion he no longer wishes to pursue his application.
[12] Pursuant to section 587(3) of the Act I hereby dismiss the application.
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