Ms Caley Warnock v HBJ Minerals Pty Ltd T/A Metals X Limited

[2014] FWC 4752

[2014] FWC 4752

FAIR WORK COMMISSION

DECISION

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

Ms Caley Warnock
v
HBJ Minerals Pty Ltd T/A Metals X Limited
(U2014/936)

COMMISSIONER CLOGHAN PERTH, 16 JULY 2014

Unfair dismissal.

[1] On 24 March 2014, Ms Caley Warnock (Ms Warnock or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from her former employer, HBJ Minerals Pty Ltd T/A/ Metals X Limited (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 22 May 2014.

[4] On 27 May 2014, I issued directions for an arbitration hearing.

[5] Ms Warnock did not comply with the directions on 16 June and 30 June 2014.

[6] On 2 July 2014, I sought from the Applicant reasons why she had not complied with the directions and enquired whether she intended to pursue her application. I also advised the Applicant should I receive no communication from her or compliance with the directions by 9 July 2014, her application would be dismissed for want of prosecution in accordance with s.587(3) of the FW Act.

[7] The Applicant did not respond to my correspondence or comply with the directions.

[8] On 15 July 2014, I received an application from the Employer that Ms Warnock’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

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