Justin Berry v Martinella Pty Ltd T/A Alm Contracting

[2015] FWC 2083

[2015] FWC 2083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Justin Berry
v
Martinella Pty Ltd T/A ALM Contracting
(U2014/15134)

COMMISSIONER CLOGHAN PERTH, 27 MARCH 2015

Application for relief from unfair dismissal.

[1] On 14 November 2014, Mr Justin Berry (Applicant) made application to the Fair Work Commission (Commission) seeking remedy for alleged unfair dismissal from his employment with Martinella Pty Ltd T/A ALM Contracting.

[2] The application was made pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[3] The application was unable to be resolved at conciliation and was referred to me for arbitration on 5 January 2015.

[4] On 6 January 2015, Directions were provided to the parties for an arbitration hearing.

[5] The Applicant has not complied with the requirements of the Directions on 21 January 2015 and 5 February 2015. On 11 March 2015, the Applicant’s representative filed a Form F54 - Notice of Representative Ceasing to Act.

[6] The Applicant has not communicated with the Commission since receiving the Directions.

[7] On 11 March 2015, I wrote to the Applicant giving him the opportunity to comply with the Directions by no later than 18 March 205. I advised the Applicant that should he not comply with the Directions by 18 March 2015, I would dismiss the application pursuant to paragraph 587(3)(a) of the FW Act.

[8] The Applicant has not responded or complied with the Directions.

[9] Accordingly, this application will be dismissed for want of prosecution pursuant to paragraph 587(3)(a) of the FW Act. An order to this effect is issued jointly with this Decision.

COMMISSIONER

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