Ms Eileen Portlock v The Salvation Army (WA) Property Trust T/A the Salvation Army

[2011] FWA 3987

[2011] FWA 3987

FAIR WORK AUSTRALIA

DECISION

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

Ms Eileen Portlock
v
The Salvation Army (WA) Property Trust T/A The Salvation Army
(U2010/15290)

COMMISSIONER CLOGHAN PERTH, 23 JUNE 2011

Unfair dismissal remedy.

[1] On 20 December 2010, Ms Eileen Portlock (“the Applicant”) made application to Fair Work Australia (FWA) alleging that she was unfairly dismissed from her employment with The Salvation Army (WA) Property Trust trading as The Salvation Army (TSA) (“the Employer”).

[2] The application was made pursuant to s.394 of the Fair Work Act 2009.

[3] The application was unable to be resolved at conciliation and referred to me for arbitration on 2 May 2011.

[4] On 9 May 2011, I set the matter down for a conference on 19 May 2011. Ms Fargie, Human Resources Manager, Mr Clare, Area Manager and Ms Ward, Store Manager attended the conference for TSA. Ms Portlock failed to attend or provide any communication to the Tribunal regarding her non attendance.

[5] On 20 May 2011, my Associate attempted unsuccessfully to contact Ms Portlock by mobile telephone. Subsequently, my Associate emailed the Applicant seeking whether she wished to continue with her application. The email advised that if she did not contact the Tribunal by close of business on 23 May 2011, procedural directions would be issued together with a hearing date.

[6] Procedural directions were issued on 24 May 2011. The hearing date was set for 23 June 2011.

[7] The Applicant failed to comply with the procedural directions.

[8] I am aware that the Applicant has received communication from the email address to which all Tribunal emails have been forwarded to.

[9] On 23 June 2011, the Applicant failed to attend the arbitration hearing. The Employer, with witnesses present, was ready and able to proceed opposing the application.

[10] As a consequence of Ms Portlock’s failure to attend and no communication to the Tribunal regarding her inability to attend, I dismissed the application for want of prosecution.

[11] For the above reasons, an Order will be issued dismissing the application.

COMMISSIONER

Appearances:

Ms Fargie on behalf of the Employer.

Hearing details:

2011:

Perth

23 June.

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