Kristal Duxbury v Woolworths Pty Ltd T/A Woolworths Supermarket

[2013] FWC 9378

[2013] FWC 9378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Kristal Duxbury
v
Woolworths Pty Ltd T/A Woolworths Supermarket
(U2013/15559)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 28 NOVEMBER 2013

Application for relief from unfair dismissal dismissed.

[1] On 4 November 2013, Ms Kristal Duxbury made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] On 5 November 2013, the Fair Work Commission (the Commission) wrote to Ms Duxbury regarding her incomplete application. This correspondence required a response within 14 days.

[3] On 19 November 2013, Ms Duxbury was contacted by the Commission. During that conversation Ms Duxbury verbally advised that she no longer wanted to continue with her application. The Commission advised Ms Duxbury of the formalities of discontinuing an application and asked Ms Duxbury to complete a Form F50 - Notice of Discontinuance (Form F50). A Form F50 was forwarded to Ms Duxbury by post.

[4] Having regard to the material before me, I am satisfied that given Ms Duxbury’s advice, that she no longer wanted to prosecute her application, 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] Rule 4 of the Fair Work Rules 2010 (the Rules) provides that the Commission may dispense with compliance with the Rules. I have decided to waive compliance with the requirement that Ms Duxbury file and serve a Form F50 as I am satisfied that Ms Duxbury has discontinued her application.

[7] The application is therefore, discontinued.

DEPUTY PRESIDENT

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