Mr Peter (Marc) Cardiff

[2016] FWC 4388

[2016] FWC 4388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.789FC - Application for an order to stop bullying

Mr Peter (Marc) Cardiff
(AB2016/343)

COMMISSIONER CLOGHAN PERTH, 1 JULY 2016

Application for an FWC order to stop bullying.

[1] On 20 March 2016, Mr Peter (Marc) Ashley Cardiff (Mr Cardiff or Applicant) made application to the Fair Work Commission (Commission) for an order to stop bullying.

[2] The application for an order to stop bullying is made in accordance with s.789FC(1) of the Fair Work Act 2009 (FW Act).

[3] The application is for an order against the owner and one (1) employee of Tramer Holdings Pty Ltd T/A Shane Williams Auto Repairs (Employer).

[4] On 10 May 2016, I held a conference into the application.

[5] On 9 June 2016, the Applicant advised that the wished to proceed with his application.

[6] On 10 June 2016, I issued Directions for a hearing into Mr Cardiff’s application on 13 July 2016.

[7] On 27 June 2016, Mr Cardiff failed to comply with the direction to provide a statement of facts, witness statement (if any) and any documentary material that he intended to rely upon in support of his application.

[8] On 28 June 2016, my Associate contacted Mr Cardiff regarding non-compliance with the Directions.

[9] On 29 June 2016, my Associate again sought the material required in the Directions by 4:00 pm that day.

[10] On 30 June 2016, I requested the Applicant to comply with the Direction by 4:00 pm that day. I also advised the Applicant should he not comply with the Commission’s request, his application would be dismissed for want of prosecution.

[11] The Applicant failed to provide the material required in compliance with the Directions.

[12] The application is dismissed for want of prosecution. An Order to the effect is attached to this Decision.

COMMISSIONER

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