Miss Esabell Jacobs v Wooldridges Australia Pty Ltd
[2011] FWA 274
•17 JANUARY 2011
[2011] FWA 274 |
|
DECISION |
Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal
Miss Esabell Jacobs
v
Wooldridges Australia Pty Ltd
(C2010/5593)
COMMISSIONER CLOGHAN | PERTH, 17 JANUARY 2011 |
Application to deal with contraventions involving dismissal.
[1] On 19 November 2010, Miss Esabell Jacobs (“the Applicant”) made application pursuant to s.365 of the Fair Work Act 2009 (“the Act”) seeking Fair Work Australia to deal with a General Protections Dispute.
[2] The respondent employer to the application is Wooldridges Australia Pty Ltd (“the Employer”).
[3] The Applicant was employed by the Employer as a Customer Services Officer from 4 October to 8 November 2010.
[4] Pursuant to s.368(1) of the Act, a conference was conducted to deal with the dispute on 1 December 2010.
[5] At the conclusion of the conference, I issued an Interim Decision, in which I indicated to both parties that I was not satisfied that the conditions set out in s.365 of the Act had been met to enable a certificate to be issued pursuant to s.369 of the Act.
[6] To provide me with information and better particulars, I invited both parties to provide written submissions which went to the question of whether the Applicant:
- was dismissed by the Employer; and
- whether the dismissal (if it occurred) was in contravention of Part 3-1 of the Act.
[7] Written submissions were to be provided to the Tribunal by 4:00pm on 17 December 2010.
[8] The Employer provided written submissions on 17 December 2010.
[9] As no submission was received from the Applicant by 17 December 2010, my Associate telephoned and spoke to the Applicant. The Applicant advised that she had not received a copy of the Interim Decision. My Associate indicated to the Applicant that the Interim Decision was mailed to the same address as the Notice of Listing for the conference on 1 December 2010. A further copy of the Interim Decision was mailed to the Applicant on 22 December 2010.
[10] On 12 January 2011, my Associate contacted the Applicant’s mobile telephone to be informed that there is “no more room to record messages”. Consequently, my Associate sent a text message to the same mobile number requesting the Applicant to telephone my Associate. My Associate has not received a response from the Applicant.
[11] To date, the Applicant has not provided a submission relating to her application.
[12] In view of the above circumstances and the need for certainty for the Employer, pursuant to s.587(3)(a) of the Act, an Order will be issued dismissing the application.
COMMISSIONER
Appearances:
E Jacobs, the Applicant.
T Campbell, for Wooldridges Australia Pty Ltd.
Hearing details:
2010:
Perth
1 December
Final written submissions:
17 December 2010
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