Lisa Schaefer v Caesarstone Australia Pty Ltd

[2015] FWC 5531

[2015] FWC 5531

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Lisa Schaefer
v
Caesarstone Australia Pty Ltd
(U2014/13595)

COMMISSIONER WILSON MELBOURNE, 13 AUGUST 2015

Application for relief from unfair dismissal.

[1] On 5 November 2014, Ms Lisa Schaefer made an application for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

[2] The matter was listed for conciliation on 28 November 2014. The matter did not settle at conciliation.

[3] On 17 December 2014, the Respondent emailed the Fair Work Commission advising the matter had settled.

[4] On 1 July 2015, the Commission forwarded an email to Ms Schaefer’s representative requesting a Form F50 - Notice of Discontinuance.

[5] On 28 July 2015, the Commission received an email from Ms Schaefer’s representative advising they no longer held instructions from Ms Schaefer.

[6] On 28 July 2015, the Commission emailed Ms Schaefer requesting a Form F50.

[7] On 3 August, 5 August and 10 August 2015, the Commission attempted to contact Ms Schaefer by telephone. Messages were left on Ms Schaefer’s mobile telephone asking her to contact the Commission.

[8] On 10 August 2015, a telephone message was left on Ms Schaefer’s mobile advising the Commission had made numerous attempts to contact her and advised in the absence of a response, a decision will be issued in the matter.

[9] To date the Commission has not received any response from Ms Schaefer.

[10] Having regard to the material before me, I will exercise my power under section 587(3)(a) of the Act and dismiss Ms Schaefer’s application. An order giving effect to this decision will be issued today.

COMMISSIONER

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