Mr Nikodem Eksanow v Australian Fast Foods Pty Ltd T/A Chicken Treat

[2010] FWA 7283

[2010] FWA 7283

FAIR WORK AUSTRALIA

DECISION

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

Mr Nikodem Eksanow
v
Australian Fast Foods Pty Ltd T/A Chicken Treat
(U2010/10840)

COMMISSIONER CLOGHAN PERTH, 16 SEPTEMBER 2010

Unfair dismissal.

[1] On 20 July 2010, Mr Nikodem Eksanow (“the Applicant”) made application that he was unfairly dismissed from his employment at Australian Fast Foods Pty Ltd T/A Chicken Treat (“the Employer”).

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

[3] The application was unable to be settled in conciliation and was subsequently referred to me for arbitration.

[4] By notice dated 25 August 2010, the matter was set down for a conference on 7 September 2010.

[5] At the conference, Ms Adkins, Group HR Adviser and Ms Johnson, Business Development Manager attended on behalf of the Employer. The Applicant did not attend the conference or advise the Tribunal of an inability to be present.

[6] My Associate forwarded to the Applicant on 7 September 2010 an email noting his failure to attend the conference and advising that the matter would be listed for hearing on 16 September 2010 at 1:00pm. A copy of the email was forwarded to the Applicant by mail on the same day. The forwarding address for the email and ordinary post were consistent with the information provided by the Applicant in his application. On the same day, my Associate forwarded to both parties a Notice of Listing of the hearing for 16 September 2010. In the Applicant’s case, it was forwarded by both email and post.

[7] On 16 September 2010, the Perth Registry Office received the Applicant’s Notice of Listing and copy of email by Return to Sender mail.

[8] On 16 September 2010, the Applicant failed to attend the hearing. The Employer represented by Ms Adkins and Ms Johnson were ready, willing and able to proceed to object to the Applicant’s application for unfair dismissal remedy.

[9] In view of the Applicant not being present to pursue his application and any advice or explanation from him, or his representative, on his inability to be present and exercise his right under the Act, I dismissed the application.

[10] Accordingly, an order to this effect will be issued.

COMMISSIONER

Appearances:

Ms C Adkins with Ms D Johnson on behalf of the respondent.

Hearing details:

2010:

Perth

16 September

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