Mr Elton Axsel v BHP Billiton Iron Ore Pty Ltd

[2013] FWC 3040

[2013] FWC 3040

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

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

Mr Elton Axsel
v
BHP Billiton Iron Ore Pty Ltd
(U2013/159)

COMMISSIONER CLOGHAN PERTH, 16 MAY 2013

Unfair dismissal.

[1] On 22 January 2013, the Fair Work Commission, received an application from Mr Elton Axsel (Applicant) seeking a remedy for alleged unfair dismissal from his employment with BHP Billiton Iron Ore Pty Ltd (Employer).

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

[3] Conciliation on 20 February 2013 was unsuccessful and the application was referred to me for arbitration on 1 March 2013.

[4] On 21 March 2013, I issued procedural directions for a hearing on 6 June 2013.

[5] The Applicant failed to comply with procedural directions required on 5 and 19 April 2013.

[6] On 2 May 2013, I wrote to the Applicant seeking an explanation as to why he had not complied with procedural directions.

[7] In the correspondence, I advised the Applicant that should he not comply with the procedural directions by 13 May 2013, or I do not receive any response from him by the same date, I intended to dismiss the application.

[8] The Applicant has not complied with the procedural directions nor has he responded to my correspondence.

[9] For the reasons set out above, the application is dismissed for want of prosecution, pursuant to paragraph 587(3)(a) of the FW Act.

[10] An order to this effect is issued with this decision and reasons for decision.

COMMISSIONER

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