Mr Geoffrey Lloyd v Davidson Cameron Clydesdale Pty Ltd

[2016] FWC 8557

[2016] FWC 8557

FAIR WORK COMMISSION

DECISION

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

Mr Geoffrey Lloyd
v
Davidson Cameron Clydesdale Pty Ltd
(U2016/2606)

COMMISSIONER SAUNDERS NEWCASTLE, 30 NOVEMBER 2016

Application for relief from unfair dismissal - s.399A application made by employer – application dismissed.

[1] This decision relates to an unfair dismissal application by Mr Geoffrey Lloyd (the applicant) pursuant to s.394 of the Fair Work Act 2009 (Cth) (the Act) against his former employer, Davidson Cameron Clydesdale Pty Ltd (the respondent).

[2] Despite repeated attempts to have the applicant file a Notice of Discontinuance in this matter he has not done so. On 22 November 2016, the respondent made an application pursuant to s.399A(1)(c) for the matter to be dismissed as the applicant had failed to discontinue his application after a settlement agreement has been concluded.

[3] On 24 November 2016, the applicant was advised that if a Notice of Discontinuance was not filed by 28 November 2016, the Commission will move to dismiss the matter. Unfortunately the Commission has still not received a Notice of Discontinuance or any other communication from the applicant.

[4] I am satisfied that the applicant concluded a settlement agreement with the respondent. I am also satisfied that the applicant has unreasonably failed to discontinue his unfair dismissal application.

[5] I therefore exercise my discretion pursuant to s.399A(1)(c) of the Act to dismiss the applicant’s unfair dismissal application.

COMMISSIONER

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