Mr Mustafa Kocak v Downer EDI Works Pty Ltd

[2016] FWC 8458

[2016] FWC 8458

FAIR WORK COMMISSION

DECISION

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

Mr Mustafa Kocak
v
Downer EDI Works Pty Ltd
(U2016/10757)

VICE PRESIDENT CATANZARITI SYDNEY, 28 NOVEMBER 2016

Application for relief from unfair dismissal – application dismissed.

[1] On 30 August 2016 Mr Kocak (Applicant) lodged an application for an unfair dismissal remedy. On 31 August 2016, the Applicant’s application was allocated to a conciliator at the Fair Work Commission (FWC).

[2] The FWC granted the Applicant’s request to list the matter for conciliation between 28 October 2016 and 8 November 2016 and the matter was listed for conciliation to take place on 3 November 2016. The FWC made multiple attempts to contact the Applicant on 3 November 2016 for the conciliation but the Applicant could not be contacted. Resultantly, the conciliation could not take place and the matter was allocated to me.

[3] On 11 November 2016, my chambers listed the matter for directions by telephone to take place on 18 November 2016. On 18 November 2016, my chambers made multiple attempts to contact the Applicant but the Applicant could not be contacted. As a result, the directions teleconference could not take place.

[4] On 18 November 2016, after repeated efforts to contact the Applicant, my chambers emailed the Applicant informing him that the Vice President was unable to contact him and that several previous attempts to contact him were unsuccessful. The email informed the Applicant that in these circumstances, the application will be dismissed if the FWC is not contacted by the Applicant within seven days.

[5] As at 28 November 2016, the FWC has not been contacted by the Applicant. As such, the application is dismissed.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code {A}, PR587882>