Mr Robert Bucic v Patrick Stevedores Holdings Pty Limited

[2014] FWC 8529

[2014] FWC 8529

FAIR WORK COMMISSION

DECISION

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

Mr Robert Bucic
v
Patrick Stevedores Holdings Pty Limited
(U2013/3449)

COMMISSIONER CAMBRIDGE SYDNEY, 3 DECEMBER 2014

Application for relief from unfair dismissal - Stay Order issued.

[1] The matter involves an application for unfair dismissal remedy made pursuant to s.394 of the Fair Work Act 2009 (the Act). The application was made by Robert Bucic (the applicant). The respondent employer is Patrick Stevedores Holdings Pty Limited (the employer).

[2] The applicant has sought a stay of proceedings in this matter pending the finalisation of related criminal proceedings. The employer has not consented to the stay of proceedings, broadly on the basis of the prejudice that it says it would suffer by reason of any delay.

[3] On balance, I have determined that the potential prejudice that would be suffered by the applicant if a stay was not granted has outweighed any prejudice suffered by the employer because of delay.

[4] Therefore, the applicant’s request for a stay of proceedings is granted. Orders [PR558320] in terms broadly reflecting those substantially agreed between the Parties are issued.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR558321>