Luke Saliba v Streaky Pty Ltd T/A Streaky

[2015] FWC 5335

[2015] FWC 5335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Luke Saliba
v
Streaky Pty Ltd T/A Streaky
(U2013/16658)

COMMISSIONER WILSON MELBOURNE, 10 AUGUST 2015

Application for relief from unfair dismissal.

[1] On 18 December 2013, Mr Luke Saliba 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 13 February 2014. The matter did not settle at conciliation.

[3] On 2 April 2014, Mr Binay Prasad of Goodman Group Lawyers, who was then representing Mr Saliba, wrote to the Fair Work Commission (the Commission) requesting the direction and arbitration dates be vacated as the parties had reached an in-principle settlement agreement. Mr Prasad advised once terms of the agreement had been complied with, a Notice of Discontinuance would be filed.

[4] On 27 June 2014, a Notice of Representative Ceasing to Act was filed by Goodman Group Lawyers.

[5] The Commission attempted to contact Mr Saliba by telephone on the following dates:

• 29 June 2015



• 28 July 2015



• 31 July 2015



• 3 August 2015



• 4 August 2015

[6] The Commission was unsuccessful in making telephone contact with Mr Saliba and was unable to leave voicemail messages.

[7] On 31 July 2015, an email was sent to Mr Saliba advising the Commission had made numerous attempts to contact him and asked him to advise the status of the matter or if the matter should otherwise be discontinued and closed. Mr Saliba was advised in the absence of a response, a decision may be issued in the matter.

[8] To date the Commission has not received any response from Mr Saliba.

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

COMMISSIONER

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