Ms Monique Oliveira v Krazy Teez Pty Ltd

[2014] FWC 5212

[2014] FWC 5212

FAIR WORK COMMISSION

DECISION

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

Ms Monique Oliveira
v
Krazy Teez Pty Ltd
(C2014/4826)

COMMISSIONER CLOGHAN PERTH, 1 AUGUST 2014

Application to deal with contraventions involving dismissal.

[1] On 9 June 2014 Ms Monique Oliveira (Applicant) made application to the Fair Work Commission (Commission) alleging that she was dismissed by Krazy Teez Pty Ltd (Employer) in contravention of part 3-1 of the Fair Work Act 2009 (FW Act).

[2] In accordance with subsection 368(2) of the FW Act, a conference was set down for 31 July 2014.

[3] At 11:40 am on 31 July 2014, my Associate received a telephone call from the Applicant requesting that the conference be vacated and the file left open due to the parties being in discussion regarding settlement of the application. The Applicant advised my Associate that the Employer was aware of her request and would advise the Commission whether the dispute had been settled or whether a further conference was necessary.

[4] The Employer’s representative attended the conference with supporting documentation to resist the application. The Employer had received a text message (not from the Applicant) shortly before the conference advising that it had been vacated, however, as he was unsure, he attended as required. The Employer’s representative advised that he had not had any discussions with the Applicant to settle the matter and continued to deny that it failed to comply with the FW Act.

[5] In view of the above circumstances, Ms Oliveira’s application is dismissed pursuant to s.587(3) of the FW Act. An Order to this effect is issued with this Decision.

COMMISSIONER

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