Mr Jamie Scott Mills v Colray Cabinets Pty Ltd
[2011] FWA 159
•10 JANUARY 2011
[2011] FWA 159 |
|
DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Mr Jamie Scott Mills
v
Colray Cabinets Pty Ltd
(U2010/13488)
COMMISSIONER CLOGHAN | PERTH, 10 JANUARY 2011 |
Unfair dismissal.
[1] On 21 October 2010, Mr Jamie Mills (“the Applicant”) made application to Fair Work Australia alleging that he was unfairly dismissed from his employment at Colray Cabinets Pty Ltd (“the Employer”).
[2] The application was made pursuant to s.394 of the Fair Work Act 2009 (“the Act”).
[3] The matter was unable to be resolved at conciliation and referred to me for arbitration.
[4] The matter was the subject of a conciliation conference on 23 November 2010. At the conciliation conference Mr Mills was present on his own behalf and Mr Scott Muir, Managing Director for the Employer.
[5] Mr Muir alleges that Mr Mills is not protected against unfair dismissal under the Act as he was not dismissed but ceased employment, without notice, on 7 October 2010.
[6] Mr Mills alleges that he was forced to resign from his employment because of conduct, or a course of conduct, engaged in by the Employer.
[7] On 29 November 2010, I issued Directions to both parties and set a hearing date of 10 January 2011.
[8] Consistent with the Directions, the Employer provided a Statement of Facts on 1 December 2010 and the Applicant on 20 December 2010.
[9] On 10 January 2011, Mrs Batters appeared for the Employer. The Applicant did not make an appearance at the hearing. My Associate telephoned the Applicant’s mobile number and listened to a recorded message saying the number was disconnected. My Associate also telephoned the mobile number on which a text was sent by the Applicant to the Employer on 7 October 2010 only to be advised that it was a business mobile belonging to the Employer.
[10] In view of the Applicant’s failure to attend the hearing and pursue his application and any advice or explanation on his inability to be present, I dismiss the application pursuant to s.587(3) of the Act.
[11] Accordingly, an Order to this effect will be issued.
COMMISSIONER
Appearances:
Mrs S Batters for the Employer
Hearing details:
2011:
Perth
10 January
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