Mr Iung Pang v Darwin Fibreglass Pty Ltd T/A Darwin Fibreglass Pool and Spa

[2017] FWC 2081

[2017] FWC 2081

FAIR WORK COMMISSION

DECISION

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

Mr Iung Pang
v
Darwin Fibreglass Pty Ltd T/A Darwin Fibreglass Pool and Spa
(U2017/1103)

VICE PRESIDENT CATANZARITI SYDNEY, 12 APRIL 2017

Application for an unfair dismissal remedy.

[1] Mr Pang (“the Applicant”) lodged an application for an unfair dismissal remedy on 3 February 2017. The matter was listed for telephone conciliation on 14 March 2017, however, the Applicant failed to attend the conciliation.

[2] The matter was allocated to my chambers on 21 March 2017. As the Commission had not received any communication from the Applicant since the date of lodgement, my chambers sent an email to the parties on 22 March 2017 noting that if the Commission did not hear from the Applicant within 7 days, I was minded to dismiss the application pursuant to section 399A of the Fair Work Act 2009 (Cth) (“the Act”).

[3] My chambers sent a further email to the parties on 30 March 2017 noting that we had not received any further communication. In that email, it was noted that if the Commission did not hear from the Applicant within the following 7 days, the application would be dismissed.

[4] Noting the repeated attempts by the Commission to contact the Applicant and having received no communication from the Applicant since the date of lodgement, the application must be dismissed.

[5] Pursuant to section 399A of the Act, the application for an unfair dismissal remedy is dismissed.

VICE PRESIDENT

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