Mr James Duce v Global Metals Pty Ltd

[2013] FWC 5435

[2013] FWC 5435

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

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

Mr James Duce
v
Global Metals Pty Ltd
(U2013/9210)

COMMISSIONER CLOGHAN PERTH, 7 AUGUST 2013

Application for relief from unfair dismissal.

[1] On 3 May 2013, Mr James Andrew Duce (Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from Global Metals Pty Ltd (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 was referred to me for arbitration on 7 June 2013.

[4] In response to the application, the Employer asserts that:

● pursuant to paragraph 396(b) of the FW Act, Mr Duce is not protected from unfair dismissal as, in accordance with paragraph 386(1)(a) of the FW Act, he was not terminated from his employment on the employer’s initiative.

[5] To assist in the efficient and effective resolution of the Employer’s jurisdictional objection, I issued procedural directions on 11 June 2013.

[6] The Applicant did not comply with directions due on 27 June and 25 July 2013.

[7] The Employer complied with directions due on 27 June and 11 July 2013.

[8] On 26 July 2013, the Employer made application to the Commission for the application to be dismissed pursuant to s.399A of the FW Act. A copy was forwarded to the Applicant.

[9] On 29 July 2913, I wrote to the Applicant setting out his lack of compliance with the procedural directions and seeking compliance. I also enquired as to whether he intended to discontinue his application.

[10] I advised the Applicant that should I not receive any communication from the Applicant by 5 August 2013, I intended to dismiss the application in accordance with paragraph 399A(1)(b) of the FW Act.

[11] No communication was received from the Applicant.

[12] 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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