Jason Gibson v Finch Muir's Pty Ltd T/A the Good Guys

[2010] FWA 7227

[2010] FWA 7227

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jason Gibson
v
Finch Muir’s Pty Ltd T/A The Good Guys
(U2010/9249)

COMMISSIONER BLAIR MELBOURNE, 23 SEPTEMBER 2010

s.394 - application unfair dismissal remedy - arbitration

[1] The following decision (now edited) was handed down in transcript at a hearing which took place before Fair Work Australia in Melbourne on 10 September 2010:

[2] “Mr Jason Gibson (the Applicant) filed a complaint against Finch Muir’s Pty Ltd trading as the Good Guys (the Respondent). That claim was received on 31 May 2010.

[3] The Applicant refused to participate in the conciliation process and wished the matter to proceed to arbitration.

[4] Directions were issued on 30 June 2010 and dealt with further at a hearing before Her Honour, Senior Deputy President Acton on 12 August 2010. The hearing on 12 August 2010 came about because of non-compliance with those directions by the Applicant. At the non-compliance hearing Her Honour said “If the Applicant doesn’t appear on 10 September then in all likelihood the matter will be struck out. If he does appear then the Member dealing with the matter will issue further Directions as to what should happen in respect of the matter.”

[5] Earlier at that hearing, at PN3 of transcript, Her Honour said to the Respondent “as you can see we can’t contact the applicant in this matter. Indeed, Fair Work Australia has tried to contact him on several occasions but he hasn’t replied to voicemail message that have been left on his telephone and indeed he hasn’t appeared today. The matter is listed for conference hearing on 10 September. The applicant was to comply with directions for filing of material by 2 August 2010. That hasn’t happened.”

[6] The Applicant has not attended today, therefore the Tribunal under its powers will close the file and in doing so dismiss Mr Gibson’s application under section 394 of the Fair Work Act 2009.

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