Jean Madden v Street Swags Ltd

[2020] FWC 1137

[2020] FWC 1137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Jean Madden
v
Street Swags Ltd
(U2016/1866)

COMMISSIONER HUNT BRISBANE, 2 MARCH 2020

Application for unfair dismissal remedy

[1] This decision relates to an application for unfair dismissal remedy made by Ms Jean Madden on 22 April 2016 pursuant to s.394 of the Fair Work Act 2009 (the Act).

[2] On 5 July 2018, I issued the decision of Jean Madden v Street Swags Ltd[2018] FWC 3828 and Order [PR608542] deciding that the proceedings in this matter be stayed pending the final determination, withdrawal or other disposal of related criminal proceedings taken against Ms Madden.

[3] On 6 January 2020, I received to my chambers correspondence from Ms Madden informing that the related criminal proceedings taken against her had been withdrawn, and that she wishes to proceed with the application for unfair dismissal remedy before the Commission. It is noted that Sweet Swags Ltd, the Respondent, does not oppose the stay being revoked.

[4] Accordingly, I am satisfied that the related criminal proceedings have been withdrawn and I consider it appropriate that the stay made 5 July 2018 be revoked so this matter can proceed to be heard by the Commission.

COMMISSIONER

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