Michael Gordon v GLH Contracting Pty Ltd

[2013] FWC 5025

[2013] FWC 5025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michael Gordon
v
GLH Contracting Pty Ltd
(U2013/8347)

DEPUTY PRESIDENT MCCARTHY PERTH, 24 JULY 2013

Application for relief from unfair dismissal - Non-attendance - s.399A Fair Work Act 2009 - Application dismissed.

[1] Mr Michael Gordon (the Applicant) lodged an application for an Unfair Dismissal Remedy (the Application) on 9 April 2013 claiming that his employment with GLH Contracting Pty Ltd (the Respondent) was terminated unfairly.

[2] I listed the matter for a conference by telephone on 25 June 2013. A notice was sent to the Applicant's representative Mr Alan Hollway by email and at the address that had been provided in the Application however that notice was returned unopened. The notice for the conference was also sent to the Applicant at the postal address provided in his application. The conference was conducted at the appointed time. The Respondent attended. There was no attendance by or on behalf of the Applicant. Efforts to contact the Applicant’s representative at that time were unsuccessful. There was no phone contact provided for the Applicant.

[3] On 26 June 2013 the Respondent lodged an application to dismiss the application pursuant to s.399A(1) of the Fair Work Act 2009 on the ground that the Applicant had unreasonably failed to attend a conference conducted by the Fair Work Commission. I sent a letter to the Applicant and the Applicant’s representative requesting an explanation as to why the Applicant did not attend the conference. The notice sent to the Applicant’s representative was returned unopened. No response has been received from the Applicant or the Applicant’s representative.

[4] Pursuant to the provisions of s.399A I have decided that the Application should be dismissed.

DEPUTY PRESIDENT

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