Mr Nicholas Round v Loxodrome Pty Ltd T/A FCt Surface Cleaning

[2011] FWA 6481

[2011] FWA 6481

FAIR WORK AUSTRALIA

REASONS FOR DECISION

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

Mr Nicholas Round
v
Loxodrome Pty Ltd T/A FCT Surface Cleaning
(U2011/9539)

COMMISSIONER CLOGHAN PERTH, 21 SEPTEMBER 2011

Unfair dismissal remedy.

[1] On 6 July 2011, Mr Nicholas Round (“the Applicant”) made application to Fair Work Australia (FWA) seeking a remedy for alleged unfair dismissal from his employment with Loxodrome Pty Ltd trading as FCT Surface Cleaning (“the Employer”).

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

[3] The application was unable to be resolved at conciliation and was referred to me for arbitration on 11 August 2011.

[4] On 16 August 2011 I issued Directions to both parties to assist in an efficient and expeditious hearing on 20 September 2011. A Notice of Listing of the hearing was also sent to both parties on 16 August 2011.

[5] The Applicant did not comply with the Directions which were due on 23 and 30 August 2011 and 13 September 2011.

[6] Mr Round did not attend the Tribunal on 20 September 2011.

[7] Mr Harris appeared on behalf of the Employer on 20 September 2011.

[8] Mr Harris was ready to oppose Mr Round’s application on the basis that it was a case of genuine redundancy as set out in the Employer’s response to the Applicant’s application.

[9] Mr Harris was unable to particularise the Employer’s case in the absence of Mr Round not complying with the Directions and setting out the facts upon he is relying upon.

[10] In the absence of Mr Round not attending the Tribunal and not providing an explanation of his non attendance, I determined that, pursuant to subparagraph 587(3)(a) of the FW Act, the application be dismissed for want of prosecution.

[11] Accordingly, an Order will issue reflecting this determination.

COMMISSIONER

Appearances:

The Applicant did not show.

Mr T Harris, for the Respondent.

Hearing details:

2011:
Perth
20 September

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