Mr Alam Bhuiyan v No. 1 Riverside Quay Pty Ltd T/A BP Retail

[2010] FWA 229

[2010] FWA 229

FAIR WORK AUSTRALIA

DECISION

Workplace Relations Act 1996
s.643 - Application for relief re (Unlawful and Harsh, Unjust or Unreasonable) termination of employment

Mr Alam Bhuiyan
v
No. 1 Riverside Quay Pty Ltd T/A BP Retail
(U2008/4726)

SENIOR DEPUTY PRESIDENT HAMBERGER SYDNEY, 18 JANUARY 2010

Application for relief Re: (Unlawful and HUU) Termination of Employment; dismissal for want of prosecution

[1] The Applicant filed an application pursuant to s. 643 of the Workplace Relations Act 1996 (“the Act”)on 20 June 2008, in relation to the termination of his employment by the Respondent, BP Connect at Woollahra.

[2] On 21 July 2008, the matter was listed for conference before Vice President Lawler. The conciliation did not result in settlement of the matter and a certificate pursuant to s. 650 was issued on 23 July 2008.

[3] On 28 July 2008 the Applicant elected to proceed to arbitration in respect of his application. On 29 July 2008, an Order for Production was issued by Vice President Lawler to the Respondent, returnable to Senior Deputy President Hamberger by 4:00pm 11 August 2008.

[4] The matter was listed for hearing at 10:00am Tuesday 12 August 2008. The hearing was cancelled at the request of the Applicant.

[5] The matter was re-listed for Tuesday 21 October 2008. Directions dated 2 September 2008 were issued to both parties. This hearing was adjourned at the request of the respondent due to difficulties with availability of Counsel and re-listed for 27 November 2008.

[6] The Applicant requested by letter dated 31 October 2008 that the matter be deferred to a later date so that he had time to arrange pro bono representation.

[7] By letter dated 23 December 2008, the applicant further advised that due to a family emergency, he needed to go overseas and would not be available for hearing any time before October 2009. The Applicant had not complied with directions by this date.

[8] On 4 September 2009, further directions were issued to both parties and the matter was set down for 19 January 2010.

[9] No contact had been made by the Applicant. The Applicant has failed to comply with the directions, despite several attempts to contact the Applicant by phone, post and email.

[10] I am satisfied that the Applicant, through his conduct, has no intention of proceeding with his s. 643 application and dismiss his application accordingly for want of prosecution.

SENIOR DEPUTY PRESIDENT

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