Mr Craig Bisdee v J-Corp Pty Ltd T/A BGC Residential

[2014] FWC 4446

[2014] FWC 4446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr Craig Bisdee
v
J-Corp Pty Ltd T/A BGC Residential
(U2014/6243)

COMMISSIONER CLOGHAN PERTH, 7 JULY 2014

Unfair dismissal.

[1] On 4 April 2014, Mr Craig Bisdee (Mr Bisdee or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from his former employer, J-Corp Pty Ltd T/A BGC Residential (Employer).

[2] The application was made pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[3] The application was not resolved at conciliation and was referred to me for arbitration on 6 June 2014.

[4] On 17 June 2014, I issued directions for an arbitration hearing.

[5] On 30 June 23014, I received correspondence from the Employer outlining its attempts to contact the Applicant and his lack of response to voice mail messages.

[6] On 30 June 2014, my Associate emailed Mr Bisdee requesting that he provide written communication to the Commission by 4:00 pm Tuesday 1 July 2014 indicating that he intended to proceed with the application and comply with direction [1] on 4 July 2014.

[7] I advised the Applicant that should he not respond to the request above or comply with direction [1] by 4:00 pm on 4 July 23014, I would, on application by the Employer, dismiss the application in accordance with s.399A of the FW Act.

[8] The Applicant did not respond to the Commission that he intended to pursue his application or comply with direction [1] by 4:00 pm on 1 July 2014.

[9] On 7 July 2014, I received an application from the Employer pursuant to s.399A of the FW Act.

[10] For the above reasons, the application is dismissed pursuant to s.399A of the FW Act. An order to this effect is issued jointly with this Decision.

COMMISSIONER

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