Ms Christine Kisso v Australian Hearing

[2013] FWC 8984

[2013] FWC 8984

FAIR WORK COMMISSION

DECISION

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

Ms Christine Kisso
v
Australian Hearing
(C2013/5059)

COMMISSIONER CAMBRIDGE SYDNEY, 15 NOVEMBER 2013

Application to deal with contraventions involving dismissal.

[1] This matter involves an application to deal with contraventions involving dismissal made pursuant to section 365 of the Fair Work Act 2009 (the Act). The application was lodged at Sydney on 4 July 2013. The application was made by Christine Kisso (the applicant) and the respondent has been identified as Australian Hearing (the employer).

[2] The matter was listed for Conference on 11 September 2013 and 8 October 2013. The Fair Work Commission (the Commission) received correspondence from the applicant on 4 September 2013 and 3 October 2013 respectively, indicating that the applicant was unable to attend the above mentioned Conferences and as a consequence both dates were vacated.

[3] Despite repeated requests for the applicant to provide her availability to attend a Conference at the Commission, the applicant has not done so. On 15 October 2013, the Commission requested that the applicant provide a written communication to our Chambers within 28 days, indicating the applicant’s availability to attend a Conference. The Commission advised that in the absence of any communication from the applicant, the Commission would then of its own motion, move to dismiss the matter.

[4] As of 15 November 2013, the Commission has not received any communication from the applicant, or any other advice about this application. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[5] An Order [PR544578] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR544577>