Mr Heath Mead v ISS Integrated Facility Services Pty Ltd
[2011] FWA 3473
•2 JUNE 2011
[2011] FWA 3473 |
|
DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Mr Heath Mead
v
ISS Integrated Facility Services Pty Ltd
(U2011/136)
DEPUTY PRESIDENT MCCARTHY | PERTH, 2 JUNE 2011 |
Termination of employment - non-attendance.
[1] On 27 January 2011, Mr Heath Mead (the Applicant) made an application for unfair dismissal remedy against ISS Integrated Facility Services Pty Ltd (the Respondent).
[2] On 5 April 2011, the Applicant’s representative advised that they were no longer representing the Applicant, however they requested that I schedule a preliminary conference prior to the Arbitration Conference/Hearing, as the initial conciliation conference did not take place. I listed the matter for conference by telephone on 17 May 2011. The Applicant did not attend that conference, nor was there any contact from him prior to or after the conference.
[3] I listed the matter for a further conference on 2 June 2011, and advised that the Respondent was not required to attend. The Applicant did not attend the conference.
[4] The Respondent lodged a Response to the Application on 8 March 2011. That response details the reasons for the dismissal and a detailed account of the Respondent’s response to the Applicant’s contentions outlined in the application lodged.
[5] Arsing from the lack of attendance by the Applicant, I infer that the Applicant does not contest the facts asserted in the Respondent’s response. As a consequence, I find that there was a valid reason for the dismissal, that the Applicant was notified of the reason, that he had the opportunity to respond, that there was human resources expertise available to the Respondent and that the size of the Respondent’s operations did not impinge on the procedures adopted.
[6] I find that the termination of employment was not harsh, unjust or unreasonable.
[7] The application is dismissed.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code A, PR510165>
0
0
0