Mr Jason Westerhoff v Ejm Financial Services

[2013] FWC 9855

[2013] FWC 9855

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Mr Jason Westerhoff
v
EJM Financial Services
(C2013/6299)

COMMISSIONER ROE MELBOURNE, 16 DECEMBER 2013

Alleged dispute concerning Remuneration.

[1] The application was lodged with the Fair Work Ombudsman on 2 October 2013 and it was passed on to the Fair Work Commission (the Commission) on 7 October 2013. When the file was allocated to me I was concerned that although the application sought that FWC deal with a dispute in accordance with a dispute settlement procedure the applicant indicated on the form that it was a dispute over a contract of employment and did not refer to an award or other instrument. One minor aspect of the dispute did appear to relate to the payment of entitlements under the NES. The Commission attempted to contact the Applicant on numerous occasions to better understand the nature of his application. The Commission registry staff were unable to get a response from the Applicant.

[2] A notice of listing for a conference on 18 November 2013 was forwarded to the employer and to the Applicant at the contact postal address and email address provided by the Applicant on 23 October 2013. 

[3] The Applicant failed to attend the conference or contact the Commission.  My Associate then wrote to the Applicant on 18 November 2013 advising that if he failed to respond by 25 November 2013 we would assume that he was no longer seeking to pursue the Application. No response was received.

[4] In all of the circumstances I have therefore decided to dismiss the Application pursuant to Section 587 of the Act.  

COMMISSIONER

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