Morris Hana v A.S.P.I T/A Australian Sign & Petroluem Installations

[2014] FWC 335

[2014] FWC 335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Morris Hana
v
A.S.P.I T/A Australian Sign & Petroluem Installations
(U2012/13348)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 13 JANUARY 2014

Application for relief from unfair dismissal discontinued.

[1] On 18 September 2012, Mr Morris Hana 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 Friday, 18 January 2013. The matter did not settle at conciliation.

[3] On 26 November 2012, Mr Hana verbally advised the Fair Work Commission (the Commission) that he no longer wanted to continue with his application. The Commission advised Mr Hana of the formalities of discontinuing an application and asked Mr Hana to complete a Form F50 - Notice of Discontinuance (Form F50). A Copy of a Form F50 was forwarded to Mr Hana by post.

[4] The Commission sent correspondence by email on 4 December 2013 and advised that his 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 Mr Hana’s advice, that he no longer wanted to prosecute his application, he intended to discontinue his 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 Mr Hana file and serve a Form F50 as I am satisfied that Mr Hana has discontinued his application.

[9] The application is therefore, discontinued.

DEPUTY PRESIDENT

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