Mr Robert Morrison v Toll Energy Logistics Pty Ltd

[2014] FWC 5917

[2014] FWC 5917

FAIR WORK COMMISSION

DECISION

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

Mr Robert Morrison
v
Toll Energy Logistics Pty Ltd
(U2014/1673)

COMMISSIONER CLOGHAN PERTH, 27 AUGUST 2014

Unfair dismissal.

[1] On 13 May 2014, Mr Robert Morrison (Applicant) made application to the Fair Work Commission seeking a remedy for alleged unfair dismissal from his former employer, Toll Energy Logistics Pty Ltd (Employer).

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

[3] In response to the application, the Employer asserts that the Applicant is not protected from unfair dismissal of the FW Act because:

• his dismissal was a case of genuine redundancy.

[4] On 30 June 2014, I issued Directions to both parties advising that I intended to resolve the Employer’s jurisdictional questions by way of written submissions.

[5] The Applicant failed to provide any submissions.

[6] Accordingly, 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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