Katie Beezley v Alertvale Pty Ltd T/A Servicing Maintenance and Welding

[2013] FWC 7667

[2013] FWC 7667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Katie Beezley
v
Alertvale Pty Ltd T/A Servicing Maintenance and Welding
(U2013/12843)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 2 OCTOBER 2013

Application for relief from unfair dismissal.

[1] On 23 August 2013, Mr Katie Beezley made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] On 3 September 2013, Ms Beezley verbally advised the Fair Work Commission (the Commission) that her matter settled and she no longer wanted to continue with her application. The Commission advised Ms Beezley of the formalities of discontinuing an application and asked Ms Beezley to complete a Form F50 - Notice of Discontinuance (Form F50).

[3] The Commission attempted to contact Ms Beezley by telephone and advised that her application remained open and that the Form F50 was required. To date the Commission has not received a completed Form F50.

[4] Having regard to the material before me, I am satisfied that given Ms Beezley’s advice, that her matter settled, she intended to discontinue her application but has not filed a Form F50.

[5] 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.

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

[7] 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 Ms Beezley file and serve a Form F50 as I am satisfied that Ms Beezley has discontinued her application.

[8] The application is therefore, discontinued.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR542767>