Keith Muthu v Bedshed Franchising Pty Ltd T/A Bedshed Bundall
[2011] FWA 4459
•13 JULY 2011
[2011] FWA 4459 |
|
DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Keith Muthu
v
Bedshed Franchising Pty Ltd T/A Bedshed Bundall
(U2011/5275)
COMMISSIONER ROBERTS | BRISBANE, 13 JULY 2011 |
Termination of employment - failure of applicant to comply with directions and attend hearing - application struck out.
[1] This decision concerns an application by Mr Muthu lodged on 18 February 2011 pursuant to s.394 of the Fair Work Act 2009 (the Act) for relief in relation to the alleged unfair termination of his employment by Bedshed Franchising Pty Ltd T/A Bedshed Bundall (the Company).
[2] Conciliation conducted by a Fair Work Conciliator occurred on 29 April 2011 by telephone but was not successful. Mr Muthu’s application was then set down for hearing in Brisbane on 12 July 2011. A notice of listing was issued on 6 May 2011 together with directions requiring the parties to file any submissions, witness statements or documentary evidence upon which they wished to rely in relation to the application. Mr Muthu was required to file his materials by no later than 24 May 2011 but failed to do so.
[3] Mr Muthu’s application was then the subject of a non-compliance hearing before Senior Deputy President Acton by telephone link on 2 June 2011. Mr E Emeroy of Norton Rose Australia appeared for the Company. Mr Muthu did not appear and could not be reached on his telephone number. It is further noted in the transcript that several attempts had been previously made by FWA staff to contact Mr Muthu but had failed. The Senior Deputy President then made the following decision which is noted in PN10 of the transcript: “What I propose to do, subject to any contrary views you might have, is relieve the respondent of any requirement to file material or to attend the proceedings on 12 July. In the event the applicant doesn’t turn up on 12 July then in all probability the matter will be dismissed. If the applicant turns up then the respondent will be given the appropriate opportunity to prepare its case in respect of the matter.”
[4] The matter was subsequently allocated to me for hearing in Brisbane on 12 July 2011. The Applicant did not appear and had made no contact with FWA despite numerous messages being left on his message bank by FWA staff.
[5] On the basis that Mr Muthu did not comply with Directions and failed to attend the hearing, I have reached the conclusion that he no longer wishes to pursue his application. Pursuant to s.587(3) of the Act, I hereby dismiss and strike out Mr Muthu’s application for relief.
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