Max Pavlic v Sedco Communications Pty Ltd

[2013] FWC 554

[2013] FWC 554

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Max Pavlic
v
SEDCO Communications Pty Ltd
(U2012/13479)

COMMISSIONER CLOGHAN PERTH, 23 JANUARY 2013

Unfair dismissal.

[1] This is an application by Mr Max Pavlic seeking a remedy for alleged unfair dismissal from his employment.

PROCEDURAL BACKGROUND

[2] On 21 September 2012, Mr Max Pavlic (“the Applicant”) made application to Fair Work Australia, now the Fair Work Commission (“the Commission”), seeking a remedy for alleged unfair dismissal from his employment with SEDCO Communications Pty Ltd (“the Employer”).

[3] The Applicant alleges that he was dismissed on 3 September 2012 without notice.

[4] The application was set down for conciliation on 11 October 2012 but the Employer sought for the matter to proceed to arbitration.

[5] The application was referred to me on 31 October 2012.

[6] On 2 November 2012, I issued procedural directions for a hearing on 21 January 2013.

[7] Neither the Applicant nor the Employer complied with the procedural directions. The Commission did not receive any communication from Mr Pavlic or the Employer as to why they were unable to comply with the procedural directions.

[8] At the hearing on 21 January 2013, neither Mr Pavlic nor the Employer attended. No communication was received as to why the parties were unable to attend. In the absence of attendance by Mr Pavlic, I dismissed the application for want to prosecution.

CONCLUSION

[9] Having considered the circumstances of the application as set out above, pursuant to paragraph 587(3)(a) of the FW Act, the application is dismissed for want of prosecution. An Order will be issued jointly with this Decision and Reasons for Decision.

COMMISSIONER

Appearances:

No appearance or representation by or on behalf of the Applicant.

No appearance or representation by or on behalf of the Respondent.

Hearing details:

2012:

Perth,

21 January.

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