Mr James Bartlett v VH and Mg Imports Pty Ltd T/A Market Direct Campers

[2014] FWC 1947

[2014] FWC 1947

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

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

Mr James Bartlett
v
VH & MG Imports Pty Ltd T/A Market Direct Campers
(U2013/16438)

COMMISSIONER CLOGHAN PERTH, 25 MARCH 2014

Unfair dismissal.

[1] On 2 December 2013, Mr James Bartlett (Mr Bartlett or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from VH & MG Imports Pty Ltd TA Market Direct Campers (Employer).

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

[3] The application was unable to be resolved at conciliation and referred to me for arbitration on 4 February 2014.

[4] The Employer asserts that the Applicant was dismissed for serious misconduct warranting summary dismissal.

[5] The application was first listed for a conference on 27 February 2014. The conference was rescheduled to 17 March 2014 at the request of the Applicant. The Applicant was requested to attend the Commission in person.

[6] The Employer’s representative was present for the conference on 17 March 2014.

[7] The Applicant failed to attend the conference on 17 March 2014. No communication was received from the Applicant as to why he could not attend.

[8] For the above reasons, and in accordance with paragraph 399A(1)(b) of the FW Act, the application is dismissed. An order to this effect is issued jointly with this Decision and Reasons for Decision.

COMMISSIONER

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