Jamie Andrews v Mitre 10 Woolgoolga

[2015] FWC 5566

[2015] FWC 5566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jamie Andrews
v
Mitre 10 Woolgoolga
(U2014/6031)

COMMISSIONER WILSON MELBOURNE, 18 AUGUST 2015

Application for relief from unfair dismissal.

[1] On 28 March 2014, Mr Jamie Andrews made an application for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

[2] The matter was not subject to conciliation as Mitre 10 Woolgoolga (Mitre 10) advised it wanted the matter to proceed to hearing.

[3] Mr Andrews was directed to file an outline of submissions, any witness statements and other documentary material he wished to rely on by noon, on 26 May 2014. Mr Andrews complied with this direction.

[4] On 10 June 2014, Mitre 10 advised the Fair Work Commission (the Commission) that the parties had reached an in-principle settlement agreement. On the same day, Mr Andrews confirmed an in-principle agreement had been reached and consented to the hearing dates being vacated.

[5] On 12 June 2014, Mr Andrews again advised the Commission via telephone that the matter had settled and he would like the hearing dates vacated in anticipation of filing a Notice of Discontinuance.

[6] Mr Andrews has not filed a Notice of Discontinuance.

[7] On 30 June 2015, an email was sent to Mr Andrews seeking a Notice of Discontinuance be filed.

[8] The Commission attempted to contact Mr Andrews via telephone on the following dates:

• 28 July 2015



• 3 August 2015



• 6 August 2015



• 12 August 2015

[9] Telephone messages were left on each occasion and on 12 August 2015, the message left advised that in the absence of a response from Mr Andrews by close of business that day, a decision would be issued dismissing the application.

[10] The Commission also sent further emails to Mr Andrews on the following dates:

• 3 August 2015



• 10 August 2015

[11] To date, the Commission has not received any response from Mr Andrews.

[12] Having regard to the material before me, I will exercise my power under section 587(3)(a) of the Act and dismiss Mr Andrew’s application. An order giving effect to this decision will be issued today.

COMMISSIONER

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