Ms Gail Schmidt v RJ and KD Hextall Pty Ltd

[2014] FWC 4447

[2014] FWC 4447

FAIR WORK COMMISSION

DECISION

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

Ms Gail Schmidt
v
RJ and KD Hextall Pty Ltd
(U2014/4345)

COMMISSIONER CLOGHAN PERTH, 3 JULY 2014

Unfair dismissal.

[1] On 5 February 2014, Ms Gail Schmidt (Ms Schmidt or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from her former employer, RJ and KD Hextall Pty Ltd (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 for arbitration on 30 April 2014.

[4] In response to the application, the Employer asserts that the Applicant was suspended with pay until the Westpac Group had completed their investigation. On completion of the investigation, the Applicant was dismissed for serious misconduct and in accordance with the Small Business Fair Dismissal Code.

[5] On 7 May 2014, I issued directions for an arbitral hearing.

[6] The Applicant has not complied with the directions. Further, the Applicant has not contacted the Commission to advise why she has been unable to comply with the directions.

[7] For the above reason, the application must be dismissed for want of prosecution in accordance with s.587(3)(a) of the FW Act. An order to this effect issued with this Decision.

COMMISSIONER

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