Ms Bethany Reeves v Bodysmart Health Centre

[2011] FWA 7672

[2011] FWA 7672

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Ms Bethany Reeves
v
Bodysmart Health Centre
(C2011/6091)

COMMISSIONER CLOGHAN PERTH, 7 NOVEMBER 2011

Application to deal with contraventions involving dismissal.

[1] On 5 October 2011, Ms Bethany Reeves (“the Applicant”) made application for Fair Work Australia (FWA) to deal with a dispute in which she alleged that she had been dismissed in contravention of Part 3-1 General Protections of the Fair Work Act 2009 (“the FW Act”).

[2] The application was made pursuant to s.365 of the FW Act.

[3] The respondent employer named in the application is Bodysmart Health Centre (“the Employer”).

[4] On 11 October 2011, both the Applicant and the Employer were notified of a conference pursuant to s.368 of the FW Act. The conference was set down for 9:00 am on 7 November 2011.

[5] On 13 October 2011, the Employer provided to the Tribunal and a copy to the Applicant: the Employer’s response to the application; the letter of offer of employment and letter of termination of employment.

[6] The Applicant failed to attend the conference or notify the Tribunal of her non-attendance.

[7] Mr Masiello, Managing Director, attended the conference on behalf of the Employer.

[8] My Associate telephoned the Applicant’s mobile telephone seeking an explanation for her non-attendance. The Applicant did not respond and a voicemail message was left for Ms Reeves to contact my Associate.

[9] As a consequence of the Applicant’s non-attendance at the conference and in accordance with paragraph 587(3)(b), the application is dismissed for want of prosecution.

COMMISSIONER

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