Mandy Gordon v Ansvar Insurance Limited

[2015] FWC 5296

[2015] FWC 5296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Mandy Gordon
v
Ansvar Insurance Limited
(U2013/7714)

COMMISSIONER WILSON MELBOURNE, 10 AUGUST 2015

Application for relief from unfair dismissal.

[1] On 20 March 2013, Ms Mandy Gordon made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] The matter was listed for conciliation on 15 April 2013 however it could not take place.

[3] On 31 May 2013, Ms Gordon advised the Fair Work Commission by email that she no longer wanted to continue with her application.

[4] On 14 June 2013, the Commission contacted Ms Gordon who advised she had sent a Form F50 - Notice of Discontinuance (Form F50) to the Commission.

[5] On 28 June 2013, the Commission contacted Ms Gordon who advised she wished to withdraw the application.

[6] On 26 June 2014, the Commission emailed Ms Gordon a Form F50 - Notice of Discontinuance (Form F50) to complete.

[7] On 3 August 2015, the Commission attempted to contact Ms Gordon by telephone but the home and mobile telephone lines were disconnected.

[8] To date the Commission has not received a completed Form F50.

[9] Having regard to the material before me, I am satisfied that given Ms Gordon’s advice, that she no longer wanted to prosecute her application, she intended to discontinue her application but has not filed a Form F50.

[10] 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.

[11] I have decided to waive compliance with the Fair Work Commission Rules 2013 (the Rules).

[12] Rule 6 of the Rules provides that the Commission may dispense with compliance with the Rules. I have decided to waive compliance with the requirement that Ms Gordon file and serve a Form F50 as I am satisfied that Ms Gordon has discontinued her application.

[13] The application is therefore, discontinued.

COMMISSIONER

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