Mr Phillip McEvoy v Rio Tinto Iron Ore

[2014] FWC 6461

[2014] FWC 6461

FAIR WORK COMMISSION

DECISION

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

Mr Phillip McEvoy
v
Rio Tinto Iron Ore
(U2014/8237)

COMMISSIONER CLOGHAN PERTH, 16 SEPTEMBER 2014

Unfair dismissal.

[1] On 8 July 2014, Mr Phillip McEvoy (Mr McEvoy or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from Pilbara Iron Company (Services) Pty Ltd T/A Rio Tinto Iron Ore (Employer).

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

[3] The application did not proceed to conciliation due to the unavailability of the Applicant and the matter was referred to me on 14 August 2014.

[4] As a consequence of information provided to the Commission by the Employer and the Applicant’s representative, my Associate forwarded an email to Mr McEvoy on 15 August 2014 requesting him to advise the Commission whether he was able to pursue his application in a sustainable way. Mr McEvoy was advised that should he not respond by 12 September 2014, his application would be dismissed for want of prosecution.

[5] The Commission did not receive a response from the Applicant.

[6] For the above reasons, pursuant to paragraph 587(3)(a) of the FW Act, the application is dismissed for want of prosecution. An order to this effect is issued jointly with this Decision.

COMMISSIONER

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