Melissa Maree Spice v Jemalong Residential Village
[2012] FWA 5563
•2 JULY 2012
[2012] FWA 5563 |
|
DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Melissa Maree Spice
v
Jemalong Residential Village
(U2012/5201)
COMMISSIONER BULL | SYDNEY, 2 JULY 2012 |
Application for unfair dismissal, dismissed for want of prosecution.
[1] This matter is an application made by Ms Melissa Spice (the Applicant) alleging that her previous employer, the Jemalong Resident Village (the Respondent) terminated her employment in circumstances which were unfair.
[2] The application was filed in Fair Work Australia (FWA) on 20 February 2012. An employer response was filed with FWA on 2 March 2012 by Catholic Healthcare Ltd. The parties participated in a telephone conciliation conference on 9 March 2012. The parties were unable to resolve the matter and accordingly, it was referred for arbitration and set down to be heard in Forbes on 6 June 2012. (No issue appears to have been taken with the name of the employer listed in the application).
[3] On 26 April 2012, directions were issued to facilitate the arbitration of the claim. The Applicant was required to provide a written outline of submissions and witness statements (if any), by close of business 17 May 2012. The Respondent was directed to file and serve its outline of submissions and witness statements (if any) in reply by close of business 31 May 2012.
[4] The Applicant failed to comply with the directions.
[5] Accordingly, on 21 May 2012, my Associate contacted the Applicant by telephone and was advised by the Applicant that she had sought legal advice and intended to discontinue her unfair dismissal application. The Applicant was requested to confirm this by filing a Notice of Discontinuance form, a copy of which was provided to the Applicant.
[6] On the 25 May 2012 no form had been received and my Chambers attempted unsuccessfully to contact the Applicant by telephone. A message was left on the voicemail.
[7] In view of the circumstances described above, advice was sent by email and registered mail to both parties that the listed arbitration for 6 June 2012 was cancelled.
[8] On 5 June the Applicant was advised by email and registered mail that her application would be dismissed if advice was not received by close of business 12 June 2012 that she wished to pursue her application or a Notice of Discontinuance was not received.
[9] At the date of this decision the Applicant had not contacted my Chambers. As such, the application is dismissed for want of prosecution pursuant to s.587(3)(a).
[10] An Order to this effect is issued in conjunction with this decision (PR525826).
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