Herbert v Scope Infrastructure

[2016] FWC 1556

[2016] FWC 1556

DECISION

Fair Work Act 2009
s.394—Unfair dismissal
Rocky Herbert
v
Scope Infrastructure
(U2015/5940)
COMMISSIONER WILLIAMS	PERTH, 11 MARCH 2016
Termination of employment.

[1]        This decision deals with an unfair dismissal remedy application made by Mr Rocky

Herbert (Mr Herbert or the applicant). The respondent is Scope Infrastructure (Scope or the

respondent).

[2]        This matter was listed for hearing in Port Hedland on 20 January 2016.

[3]        Mr Herbert attended the hearing however there was no attendance by any person on

behalf of the respondent.

[4]        Following enquiries of the respondent, the next day, Mr Ashley Griffiths (Mr

Griffiths) a Director of Scope advised the Commission in writing that the business ceased

trading in late September 2015 and had significant outstanding debts owing to a range of

creditors.

[5]        On 21 January 2016 the Commission provided a copy of Mr Griffiths’ explanation to

Mr Herbert and asked that he advise whether he wished to continue with his application.

[6]        No response was received from Mr Herbert. Consequently on 26 February 2016 the

Commission again wrote to Mr Herbert and requested he respond to the Commission’s

correspondence of 21 January 2016. Mr Herbert was also advised that if the Commission had

not heard from him by 4 March 2016 his application would be dismissed for want of

prosecution.

[7]        As at the date of this decision Mr Herbert has not responded to the Commission’s

request that he advise whether he wishes to continue with his application nor has he otherwise

contacted the Commission.

[8]        In the circumstances I am satisfied that this application should be now dismissed for

want of prosecution under section 587 of the Fair Work Act 2009.
[2016] FWC 1556

[9]        An order to that effect will be issued.

COMMISSIONER

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