Josh Hooper v Frucor Beverages (Australia) Pty Ltd

[2014] FWC 88

[2014] FWC 88

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Josh Hooper
v
Frucor Beverages (Australia) Pty Ltd
(U2013/1233)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 6 JANUARY 2014

Application for relief from unfair dismissal.

[1] On 16 April 2013, Mr Josh Hooper made an application for unfair dismissal remedy in relation to his dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] The matter was listed for conciliation on 14 May 2013, however did not settle.

[3] On 27 June 2013, Frucor Beverages (Australia) Pty Ltd’s (Frucor) representative advised the Fair Work Commission (the Commission) that it was their understanding that the matter had settled.

[4] On 13 August 2013, the Commission attempted to contact Mr Hooper without success to confirm the advice of Frucor’s representative.

[5] On 13 August 2013, Mr Hooper’s representative, Ms Lyne Mear was contacted and she advised that it was her understanding that the matter had also settled. Ms Mear also advised that she no longer acted for Mr Hooper but would advise him to file a Form F50 - Notice of Discontinuance.

[6] On 4 September 2013, Ms Mear advised that her attempts to contact Mr Hooper were unsuccessful.

[7] On 5 December 2013, the Commission wrote to Mr Hooper requesting that Form F50 - Notice of Discontinuance be filed.

[8] On 5 December 2013, Ms Mear telephoned the Commission and advised she had left messages for Mr Hooper advising him to file a Form F50 and that she has not heard from him.

[9] Mr Hooper responded to the Commission by email on 5 December 2013, and advised that he “will send this through as soon as possible”.

[10] To date, no Form F50 - Notice of Discontinuance has been filed with the Commission.

[11] Having regard to the material before me, I am satisfied that given Mr Hooper’s advice noted in [9], he no longer wants to prosecute his application. It is my view that Mr Hooper intended to discontinue his application but has not filed a Form F50.

[12] Section 588 of the Act provides:

588 Discontinuing applications

A person who has applied to the FWC may discontinue the application:

(a) in accordance with the procedural rules (if any); and

(b) whether or not the matter has been settled.

[13] I have decided to waive compliance with the Fair Work Rules 2010 (the Rules).

[14] Rule 4 of the Rules provides that the Commission may dispense with compliance with the Rules. I have decided to waive compliance with the requirement that Mr Hooper file and serve a Form F50 as I am satisfied that Mr Hooper has discontinued his application.

[15] The application is therefore, discontinued.

DEPUTY PRESIDENT

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