Mirna Shawel v The Trustee for Kinderoos Trust T/A Kindaroos

[2014] FWC 337

[2014] FWC 337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Mirna Shawel
v
The Trustee for Kinderoos Trust T/A Kindaroos
(U2013/12071)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 13 JANUARY 2014

Application for relief from unfair dismissal discontinued.

[1] On 30 July 2013, Miss Mirna Shawel made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] The matter was listed for conciliation on Tuesday, 10 September 2013. The matter did not settle at conciliation.

[3] On Wednesday 25 September 2013, Ms Shawel verbally advised the Fair Work Commission (the Commission) that she no longer wanted to continue with her application. The Commission advised Ms Shawel of the formalities of discontinuing an application and asked Ms Shawel to complete a Form F50 - Notice of Discontinuance (Form F50). A Copy of a Form F50 was forwarded to Ms Shawel by post.

[4] The Commission attempted to contact Ms Shawel by telephone and sent correspondence by email on Friday 25 October 2013 and advised that her application remained open and that the Form F50 was required. To date the Commission has not received a completed Form F50.

[5] Having regard to the material before me, I am satisfied that given Ms Shawel’s advice, that she no longer wanted to prosecute her application, she intended to discontinue her application but has not filed a Form F50.

[6] Section 588 of the Act provides:

588 Discontinuing applications

A person who has applied to the FWC may discontinue the application:

(a) in accordance with the procedural rules (if any); and

(b) whether or not the matter has been settled.

[7] I have decided to waive compliance with the Fair Work Rules 2010 (the Rules).

[8] Rule 4 of the Rules provides that the Commission may dispense with compliance with the Rules. I have decided to waive compliance with the requirement that Ms Shawel file and serve a Form F50 as I am satisfied that Ms Shawel has discontinued her application.

[9] The application is therefore, discontinued.

DEPUTY PRESIDENT

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