Ieremia Ieremia v Shear Form

[2011] FWA 6149

[2011] FWA 6149

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.372 - Application to deal with other contravention disputes

Ieremia Ieremia
v
Shear Form
(C2011/5566)

COMMISSIONER ROE MELBOURNE, 8 SEPTEMBER 2011

Application to deal with other contravention disputes.

[1] On 23 August 2011 Ieremia Ieremia made an application pursuant to Section 365 of the Fair Work Act 2009 alleging contravention of Part 3-1 of the Act involving dismissal. The Applicant was employed by Shear Foam Pty Limited from 20 April 2010 until 21 June 2011. The Applicant made an unfair dismissal Section 394 Application on 9 July 2011 (U2011/9720) and withdrew that Application at the conciliation telephone conference held on 22 August 2011. Mr Matt McBride on behalf of Shear Foam provided a response to the claims on 30 August 2011. The Respondent claims that the Applicant resigned and was not dismissed.

[2] The matter was listed for conference before me on 8 September 2011. Mr McBride appeared for Shear Foam but there was no appearance by the Applicant or his representative Mr Steve O’Brien. My Associate first rang Mr O’Brien who advised that the Applicant did not now wish to proceed with the Application. My Associate then rang the Applicant who confirmed that he did not wish to proceed with the Application. I am satisfied that the Applicant has had every opportunity to pursue his Application and has decided not to further pursue it.

[3] The matter is therefore dismissed.

COMMISSIONER

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