Mr David Herrmann v Transcoat Engineering

[2014] FWC 265

[2014] FWC 265

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

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

Mr David Herrmann
v
Transcoat Engineering
(U2013/13773)

COMMISSIONER CLOGHAN PERTH, 10 JANUARY 2014

Unfair dismissal.

[1] On 20 September 2013 Mr David Herrmann (Mr Herrmann or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from Tropical Bay Pty Ltd T/A Transcoat Engineering (Employer).

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

[3] The Employer provided a response to Mr Herrmann’s application on 14 October 2013.

[4] Mr Herrmann’s application was set down for conciliation on 6 November 2013. The parties were reminded of the conciliation conference on 5 November 2013.

[5] The Employer attended the conciliation conference on 6 November 2013. Mr Herrmann failed to attend. The conciliator made five (5) attempts to contact the Applicant on or just after the scheduled commencing time for the conciliation conference.

[6] Subsequently, the Conciliator emailed the Applicant and had a telephone conversation with Mr Herrmann on 13 November 2013. Mr Herrmann requested a further conciliation conference and was asked by the Conciliator to confirm this request by return email. Confirmation was not received by the Conciliator and the application was referred to me for arbitration on 22 November 2013.

[7] On 6 December 2013, my Associate sent a notice of listing for a conference in which the parties were required to attend, in person, on 9 January 2014.

[8] The Employer attended the conference.

[9] The Applicant did not attend the conference nor contact the Commission as to why he could not attend. My Associate left a voicemail message seeking the whereabouts of Mr Herrmann and the necessity of his attendance. No response has been received from the Applicant.

[10] In view of the above circumstances, the application, in accordance with subsection 587(3)(a) of the FW Act, will be dismissed for want of prosecution. An order to this effect will accompany this Decision and Reasons for Decision.

COMMISSIONER

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