Mr Tyson Layton v AGC Industries Pty Ltd

[2015] FWC 3329

[2015] FWC 3329

FAIR WORK COMMISSION

DECISION

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

Mr Tyson Layton
v
AGC Industries Pty Ltd
(U2015/3179)

COMMISSIONER CLOGHAN PERTH, 14 MAY 2015

Application for relief from unfair dismissal - non compliance by applicant.

[1] On 18 February 2015, Mr Tyson Layton (Applicant) made application to the Fair Work Commission (Commission) seeking remedy for alleged unfair dismissal from his employment with AGC Industries Pty Ltd.

[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 16 March 2015.

[4] On 24 March 2015, Directions were provided to the parties for an arbitration hearing.

[5] The Applicant has not complied with the requirements of the Directions on 21 April and 5 May 2015. The Applicant has not communicated with the Commission since receiving the Directions.

[6] On 8 May 2015, I wrote to the Applicant giving him the opportunity to comply with the Directions by no later than 13 May 2015. I advised the Applicant that should he not comply with the Directions by 13 May 2015, I would dismiss the application pursuant to paragraph 587(3)(a) of the FW Act.

[7] The Applicant has not responded or complied with the Directions.

[8] Accordingly, this application will be dismissed for want of prosecution pursuant to paragraph 587(3)(a) of the FW Act. An order to this effect is issued jointly with this Decision.

COMMISSIONER

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