Mr Mitchell Finn v Penrith Seafoods Pty Ltd

[2013] FWC 9788

[2013] FWC 9788

FAIR WORK COMMISSION

DECISION

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

Mr Mitchell Finn
v
Penrith Seafoods Pty Ltd
(U2012/15493)

COMMISSIONER CAMBRIDGE SYDNEY, 13 DECEMBER 2013

Application for Costs Hearing.

[1] This matter involves an application for unfair dismissal remedy made pursuant to section 394 of the Fair Work Act 2009 (the Act). The application was lodged at Sydney on 18 December 2012. The application was made by Mitchell Finn (the applicant) and the respondent has been identified as Penrith Seafoods Pty Ltd (the employer).

[2] On 21 August 2013, the Fair Work Commission (the Commission) received a Costs Application from the applicant, in relation to the unfair dismissal proceedings held in this matter on 7 August 2013. The Commission was anticipating receiving further information from the applicant about their Costs Application.

[3] On 19 November 2013, the Commission requested for the applicant to provide a written communication to our Chambers along with any other information regarding this matter within 21 days. The Commission advised that in the absence of any communication from the applicant, the Commission would then of its own motion, move to dismiss the matter.

[4] As of 13 December 2013, the Commission has not received any communication from the applicant, or any other advice about this application. Therefore pursuant to s.587 of the Act, the application for costs is dismissed for want of prosecution and proceedings are concluded accordingly.

[5] An Order [PR545659] dismissing the application for costs will be issued concurrently with this Decision.

COMMISSIONER

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<Price code A, PR545658>