Megan Black v Grafton Community College Inc

[2013] FWC 2632

[2013] FWC 2632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Megan Black
v
Grafton Community College Inc
(C2013/3544)

COMMISSIONER MCKENNA SYDNEY, 30 APRIL 2013

Application to deal with contraventions involving dismissal - application dismissed.

[1] Megan Black (“the applicant”) lodged an application pursuant to s.365 of the Fair Work Act 2009 to deal with alleged contraventions involving dismissal by Grafton Community College Inc. The telephone conference proceedings on 26 March 2013 adjourned on the basis the applicant was to consider lodging a notice of discontinuance, albeit the matter was listed for a further mention by telephone on 5 April 2013 in the event she wished to proceed with the application. On 26 March 2013, arrangements were made to email the applicant a notice of discontinuance.

[2] The applicant did not lodge a notice of discontinuance following the proceedings on 26 March 2013 and nor did she enter an appearance at the telephone mention on 5 April 2013. The file contains notes recording that in subsequent telephone inquiries concerning the non-appearance on 5 April 2013, the applicant indicated she did not wish to proceed with the application and would be discontinuing the application. The applicant did not discontinue the application and she did not respond to telephone messages subsequent to 8 April 2013. By email dated 17 April 2013, the applicant was advised that if the notice of discontinuance was not received by 24 April 2013, the applicant would be dismissed.

[3] The applicant has not lodged a notice of discontinuance and nor has any further communication been received from her concerning the application since 8 April 2013. Considering the circumstances, I have determined to dismiss the application for want of prosecution.

COMMISSIONER

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