Mark Bozinovic v Australian Postal Corporation T/A Australia Post

[2013] FWC 3193

[2013] FWC 3193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.372—General protections

Mark Bozinovic
v
Australian Postal Corporation T/A Australia Post
(C2013/3547)

COMMISSIONER ROE MELBOURNE, 21 MAY 2013

Application to deal with other contraventions dispute.

[1] This application pursuant to Section 372 alleging a contravention not involving dismissal was made by the Applicant, Mr Bozinovic, on 12 March 2013. On 22 March 2013 my Associate wrote to the Applicant requesting further details as to how it is alleged there had been a breach of the Act since there were no relevant details on the Application form. No response was received so on 4 April my Associate wrote asking if the Applicant wished to proceed with the Application. The Applicant responded the same day asking “if I don’t wish to continue does this close the matter now my employer is aware of this?” My Associate wrote further on 5 April and 22 April seeking confirmation as to whether or not the Applicant wished to discontinue the matter.

[2] On 29 April 2013 the Applicant provided further information. On 7 May 2013 my Associate wrote to the Applicant asking if the additional information could be provided to the Respondent. In response on 7 May 2013 the Applicant asked if I believed that the claim had a proper basis before he consented to the material being provided to the Respondent. My Associate in response advised that we could not provide legal advice and provided some general information about the legislation.

[3] The Applicant was requested to advise by 15 May 2013 if he wished to proceed with the matter and if he wished the information to be provided to the Respondent. In response on 8 May 2013 the Applicant advised “this is too complicated. I think I provided enough information. Please disregard.” My Associate responded on the same day asking “does this mean that you want to discontinue the matter?” No response has been received.

[4] Given the extensive correspondence it is reasonable to assume that the Applicant received the last correspondence. In context it is reasonable to conclude that the Applicant does not wish to proceed and that it is reasonable to close the file. I will not convene a conference on the grounds that the matter has been discontinued.

COMMISSIONER

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