Ms Michelle Italiano v Corona Butchering Co Pty Ltd

[2011] FWA 7912

[2011] FWA 7912

FAIR WORK AUSTRALIA

DECISION

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

Ms Michelle Italiano
v
Corona Butchering Co Pty Ltd
(U2011/11330)

COMMISSIONER CLOGHAN PERTH, 11 NOVEMBER 2011

Application for unfair dismissal remedy.

[1] On 5 September 2011, Ms Michelle Italiano (“the Applicant”) made application to Fair Work Australia (FWA) seeking a remedy for alleged unfair dismissal from her employment with Corona Butchering Co Pty Ld (“the Employer”).

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

[3] On 26 September 2011, the Employer provided a response to Ms Italiano’s application.

[4] A conciliation conference was set down for 3 October 2011 by a FWA Conciliator but was unable to proceed as the Applicant was “not answering telephone”. The Employer was present and ready to proceed with conciliation.

[5] The matter was referred to me for arbitration on 6 October 2011.

[6] On 11 October 2011, both the Applicant and the Employer were notified of a conference before me on 7 November 2011.

[7] The Employer was present but there was no appearance of the Applicant. My Associate telephoned the Applicant’s nominated mobile telephone number and was advised by a male person that there was no person by the name of Michele Italiano at that number.

[8] There being no appearance of the Applicant at two formal proceedings of FWA and no explanation, in accordance with paragraph 587(3)(b) of the FW Act, this application is dismissed for want of prosecution.

COMMISSIONER

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