Mr Raphael Makur v Precision Landscape Constructions

[2014] FWC 6467

[2014] FWC 6467

FAIR WORK COMMISSION

DECISION

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

Mr Raphael Makur
v
Precision Landscape Constructions
(U2014/9847)

COMMISSIONER CLOGHAN PERTH, 16 SEPTEMBER 2014

Unfair dismissal - jurisdictional objections - genuine redundancy - minimum employment period.

[1] On 9 June 2014, Mr Raphael Makur (Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from his former employer, Precision Landscape Constructions (Employer).

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

[3] The application was unable to be resolved at conciliation and was referred to me for arbitration on 17 July 2014.

[4] In response to the application, the Employer asserts that:

● the Applicant’s dismissal was a case of genuine redundancy; and

● the Applicant’s employment does not meet the minimum employment period.

[5] On 31 July 2014, I issued Directions and advised the parties that I intended to deal with the Employer’s jurisdictional objections by way of written submissions.

[6] The Applicant did not provide any submissions. The Employer provided its written submissions on 1 August 2014 which was forwarded by the Commission to the Applicant on 5 August 2014. The Applicant did not provide a response.

[7] For the reasons set out above, 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

Final written submissions:

Respondent: 1 August 2014.

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