Mr Solomon Fru v Landol Management Pty Ltd T/A O'Connor Fresh Supa IGA

[2014] FWC 6136

[2014] FWC 6136

FAIR WORK COMMISSION

DECISION

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

Mr Solomon Fru
v
Landol Management Pty Ltd T/A O'Connor Fresh Supa IGA
(U2013/15604)

COMMISSIONER CLOGHAN PERTH, 5 SEPTEMBER 2014

Unfair dismissal.

[1] On 6 November 2013, Mr Solomon Fru (Mr Fru or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from his former employer, Landol Management Pty Ltd T/A O’Connor Fresh Supa IGA (Employer).

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

[3] The application was not resolved at conciliation and was referred to me on 10 January 2014.

[4] On 15 January 2014, I issued directions for an arbitration hearing on 6 May 2014.

[5] On 19 February 2014, the Applicant sought an adjournment of the hearing on medical grounds, and on 25 February 2014, the Applicant provided a medical report.

[6] On 2 July 2014, I issued amended directions for an arbitration hearing on 4 November 2014.

[7] Mr Fru did not comply with the directions on 31 July and 28 August 2014.

[8] On 3 September 2014, I received an application from the Employer that Mr Fru’s application be dismissed pursuant to paragraph 399A(1)(b) of the FW Act for non compliance with the Commission’s directions.

[9] For the above reasons, the application is dismissed pursuant to s.399A of the FW Act. An Order to this effect is issued jointly with this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR555085>