Ms Rebecca Ramsay v Adem Marley T/A Sydney Horse Transport

[2014] FWC 559

[2014] FWC 559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ms Rebecca Ramsay
v
Adem Marley T/A Sydney Horse Transport
(U2013/10723)

COMMISSIONER CARGILL SYDNEY, 22 JANUARY 2014

Application for relief from unfair dismissal.

[1] On 20 June 2013 Ms R Ramsay (the applicant) made an application for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

[2] The matter was listed for arbitration before me on 16 October 2013. The applicant did not attend the hearing. I wrote to the applicant requesting an explanation for her failure to attend. I asked that any response be provided no later than 25 October.

[3] On 28 October my Associate received a telephone call from the applicant in which she stated that she would reply to my letter. No reply was received and I wrote to the applicant on 11 November requesting a response by 20 November.

[4] The applicant responded by email dated 19 November. The matter was listed for programming by telephone on 20 December. The parties were then required to provide updated information by no later than 24 December.

[5] On 24 December I received a telephone call from the applicant in which she informed me that she wished to discontinue her claim. Later that day my Associate emailed her a notice of discontinuance to complete. A further notice was sent by email on 3 January 2014.

[6] As no signed notice had been returned, I wrote to the applicant on 10 January. I informed the applicant that, unless I heard from her to the contrary by 5 pm on 17 January I would assume that she wished to discontinue her claim. As at the date of this decision I have heard nothing further from the applicant.

[7] Having regard to the material before me, I am satisfied that given the applicant’s verbal advice to me, that she intended to discontinue her application but has not filed a Form F50.

[8] Section 588 of the Act provides:

588 Discontinuing applications

A person who has applied to the FWC may discontinue the application:

(a) in accordance with the procedural rules (if any); and

(b) whether or not the matter has been settled.

[9] Rule 4 of the Fair Work Australia Rules 2010 provides that the Commission may dispense with compliance with the Rules. I have decided to waive compliance with the requirement that the applicant file and serve a Form F50 as I am satisfied that the applicant has discontinued her application.

[10] The application is therefore, discontinued.

COMMISSIONER

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