Mr Mark Robert Smithers v Frontline Interiors Pty Ltd T/A Frontline Interiors

[2011] FWA 2396

[2011] FWA 2396

FAIR WORK AUSTRALIA

DECISION

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

Mr Mark Robert Smithers
v
Frontline Interiors Pty Ltd T/A Frontline Interiors
(U2010/15294)

COMMISSIONER CLOGHAN PERTH, 19 APRIL 2011

Unfair dismissal remedy.

[1] On 21 December 2010, Mr Mark Smithers (“the Applicant”) made application to Fair Work Australia (FWA) alleging that he was unfairly dismissed from his employment with Frontline Interiors Pty Ltd T/A Frontline Interiors (“the Employer”).

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

[3] On 21 January 2011, the Employer provided a response to FWA to Mr Smithers’ application. A copy was forwarded to Mr Smithers but returned unopened.

[4] On 1 February 2011, telephone conciliation could not take place as Mr Smithers could not be contacted on the telephone number provided to FWA. An attempt was made by the conciliator to contact Mr Smithers repeatedly.

[5] On 9 February 2011, the application was referred to me for arbitration.

[6] On 16 February 2011, the application was listed for a conference on 1 March 2011 to discuss, among other matters, procedural directions.

[7] On 1 March 2011, Mr Smithers did not attend the conciliation conference. The Employer was in attendance.

[8] On 5 April 2011, Mr Smithers’ application was listed for a hearing on 18 April 2011.

[9] On 18 April 2011, Mr Smithers failed to attend the hearing. The Employer’s representative attended and was ready to defend the Applicant’s application alleging unfair dismissal.

[10] As a consequence of Mr Smithers failing to attend the hearing and the Tribunal not receiving any explanation for his non attendance, I dismissed the application on transcript. These are the reasons for dismissing the application.

COMMISSIONER

Appearances:

Mr Russo, for the Employer.

Hearing details:

2011:
Perth:
18 April.

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