Mr Mark Donker v Roy & Joanna Grist T/A R & J Earthmoving

[2013] FWC 4316

[2013] FWC 4316

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

Fair Work Act 2009
s.773 - Application to deal with an unlawful termination dispute

Mr Mark Donker
v
Roy & Joanna Grist T/A R & J Earthmoving
(C2013/583)

COMMISSIONER CLOGHAN PERTH, 3 JULY 2013

Application to deal with an unlawful termination dispute.

[1] On 22 April 2013, Mr Mark Donker (Applicant) made application to the Fair Work Commission (Commission) to deal with his alleged unlawful termination of his employment on 27 February 2013.

[2] The application was made pursuant to s.773 of the Fair work Act 2009 (FW Act).

[3] The Applicant is in dispute with R & J Earthmoving (Employer)

[4] Following an earlier adjournment, the application was the subject of a conference on 27 May 2013 in accordance with s.776 of the FW Act.

[5] In his application, Mr Donker acknowledged that he is able to make a general protections court action.

[6] At the conference on 27 May 2013, I explained to the Applicant that an employee is expressly excluded from making an application pursuant to s.773 of the FW Act in relation to conduct set out in s.722 of the FW Act, if that person, as Mr Donker has acknowledged, is able to make a general protections application in accordance with s.723 of the FW Act.

[7] To assist in my determination of whether the application had been properly made, I invited the Applicant to make a written submission and gave the Employer the opportunity to respond. The Applicant was directed to provide his submission by 14 June 2013.

[8] The Commission did not receive a submission from the Applicant by 14 June 2013 or to date. Further, the Commission has not received any communication from the Applicant as to why he was unable to provide a submission.

[9] For the above reasons and want of prosecution, the application is dismissed pursuant to paragraph 587(3)(a) of the FW Act. An Order to this effect will be issued conjointly with this Decision and Reasons for Decision.

COMMISSIONER

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