Kruse Robinson v Kerry Freight (Australia) Pty Ltd

[2013] FWC 3253

[2013] FWC 3253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Kruse Robinson
v
Kerry Freight (Australia) Pty Ltd
(C2013/3616)

COMMISSIONER MCKENNA SYDNEY, 23 MAY 2013

Application to deal with contraventions involving dismissal - application dismissed.

[1] Kruse Robinson (“the applicant”) made an application pursuant to s.365 of the Fair Work Act 2009 (“the Act”) to deal with alleged contraventions involving dismissal by Kerry Freight (Australia) Pty Ltd (“the respondent”). The matter resolved in conference and, in circumstances where attempts to contact the applicant have been unsuccessful, the respondent’s solicitor otherwise advised the settlement had been effected. The applicant has failed to attend to the lodgement of a Notice of Discontinuance despite various follow-ups in telephone and emailed communications.

[2] Given the time that has passed without the applicant attending to the lodgement of the Notice of Discontinuance, the application is dismissed for want of prosecution.

COMMISSIONER

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