Ms Catoline-Jean Markham v Surtron Technologies (Australia) Pty Ltd

[2011] FWA 9310

[2011] FWA 9310

FAIR WORK AUSTRALIA

DECISION

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

Ms Catoline-Jean Markham
v
Surtron Technologies (Australia) Pty Ltd
(U2011/11418)

COMMISSIONER CLOGHAN PERTH, 23 DECEMBER 2011

Unfair dismissal remedy.

[1] On 6 September 2011, Ms Catoline-Jean Markham (“the Applicant”) made application to Fair Work Australia (FWA) seeking a remedy for alleged unfair dismissal from her employment with Surtron Technologies (Australia) Pty Ltd (“the Employer”).

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

[3] Conciliation between the parties did not occur and the application was referred to me for arbitration on 13 October 2011.

[4] On 25 October 2011, procedural directions were issued for a hearing on 8 December 2011. Subsequently, the hearing date was rescheduled to 21 December 2011.

[5] Due to the Applicant not complying with the procedural directions for the hearing issued on 25 October 2011, I convened a conciliation conference of the parties on 21 November 2011.

[6] Conciliation was unsuccessful and on 23 November 2011, I issued amended procedural directions.

[7] Due to the Applicant not complying with the procedural directions issued on 23 November 2011, my Associate emailed Ms Markham on 5 December 2011 noting her non-compliance and the need to set out a statement why she alleges she was unfairly dismissed.

[8] I note that the Employer complied with the procedural directions to the extent possible without the Applicant complying with her relevant part of the directions.

[9] On 21 December 2011, the Applicant failed to appear at the arbitration hearing into her application.

[10] In the absence of the Applicant prosecuting her claim of alleged unfair dismissal, I dismissed the application; these are my reasons for dismissing the application. Accordingly, an order will be made dismissing the application.

COMMISSIONER

Appearances:

No appearance by the Applicant.

Mr Nielsen for the Respondent.

Hearing details:

2011:

Perth,

21 December.

Printed by authority of the Commonwealth Government Printer

<Price code A,  PR518545>