Koichi Yokohata v Lidco Oregon Australia Pty Ltd ABN: 65 167 858 442

[2017] FWC 801

[2017] FWC 801

FAIR WORK COMMISSION

DECISION

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

Koichi Yokohata
v
Lidco Oregon Australia Pty Ltd ABN: 65 167 858 442
(U2015/4706)

COMMISSIONER CAMBRIDGE SYDNEY, 8 FEBRUARY 2017

Unfair dismissal claims - application for costs - application dismissed.

[1] This Decision is made in respect to an application for costs made pursuant to ss. 611 and 400A of the Fair Work Act 2009 (the Act). The costs application was initially made on 21 August 2015, by lawyers acting for Koichi Yokohata (the applicant).

[2] The matter was listed for proceedings on 13 October 2015 and there was no appearance by the respondent. The application was stood over to allow the applicant’s representative to prepare and file an amended application and assemble its material for the application to be heard and determined in the Fair Work Commission (the Commission).

[3] On 6 January 2017, a Form F54 – Notice of representative ceasing to act was filed in the Commission by the lawyers acting for the applicant. On 24 January 2017, the Commission issued correspondence to the applicant at his last known address, requiring him to make contact with the Commission and advise as to how he may wish to proceed with this application. This correspondence also advised the applicant that if the Commission did not receive any communication from him within 14 days, the matter may be dismissed for want of prosecution.

[4] There has been no response from applicant and therefore pursuant to s.587 of the Act, the application for costs is dismissed for want of prosecution.

[5] An Order [PR590085] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR590079>