Ms Sarah Quinn v Lendlease Primelife Ltd T/A Little Para Hostel

[2013] FWC 3482

[2013] FWC 3482

FAIR WORK COMMISSION

DECISION

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

Ms Sarah Quinn
v
Lendlease Primelife Ltd T/A Little Para Hostel
(U2013/399)

SENIOR DEPUTY PRESIDENT O'CALLAGHAN ADELAIDE, 31 MAY 2013

Application for unfair dismissal remedy - s.399A - application dismissed.

[1] Ms Sarah Quinn (the applicant) has made an application pursuant to s.394 of the Fair Work Act 2009 (the FW Act) for an unfair dismissal remedy regarding her dismissal by Lendlease Primelife Ltd T/A Little Para Hostel (the respondent).

[2] The matter was listed for a directions telephone conference on 2 May 2013 at which the applicant did not attend but was represented by United Voice. At this time I was advised that the applicant was not able to be contacted but that further attempts were being made to do so. Directions were issued on 2 May 2013 and the matter was listed for arbitration on 18 and 19 June 2013.

[3] On 21 May 2013 I received advice from United Voice that they would be ceasing to act for the applicant. On the basis of this information I issued further Directions on 22 May 2013 advising that the matter would be listed for a further telephone directions conference on 30 May 2013. These Directions concluded on the basis that:

“[4] If the applicant does not participate in this conference, or contact my office on 08 8308 9851 before the conference to advise of an acceptable reason for her non-attendance, I will invite the respondent to make an application pursuant to s.399A for the application to be dismissed and may grant this application without relisting the matter.”

[4] The applicant did not participate in the directions telephone conference on 30 May 2013 and the respondent subsequently lodged an objection to the application proceeding on the following grounds:

“1. Applicant failed to appear at conciliation conferences set for 11th April 2013 and 2nd May 2013

2. Applicant failed to appear at a Directions Conference 30th May 2013 before Senior Deputy President O’Callaghan

3. Applicant’s representative has been unable to contact Ms Quinn and has requested to be released as the representative for the applicant.”

[5] The respondent’s application to dismiss did not specify a particular section of the FW Act. I have utilised the discretion in s.586 on the basis that I have taken it the application was made pursuant to s.399A of the FW Act, consistent with my Directions of 22 May 2013 and the Directions Conference on 30 May 2013.

[6] Given the absence of any response from the applicant, pursuant to s.399A of the FW Act, I have determined that Ms Quinn’s application should be dismissed. An Order [PR537444] giving effect to this decision will be issued separately.

SENIOR DEPUTY PRESIDENT

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