Ms Victoria Summers v Goodstart Early Learning Ltd

[2013] FWC 1076

[2013] FWC 1076

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

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

Ms Victoria Summers
v
Goodstart Early Learning Ltd
(C2013/2529)

COMMISSIONER CLOGHAN PERTH, 15 FEBRUARY 2013

Application to deal with contraventions involving dismissal.

[1] On 4 January 2013, Ms Victoria Summers (Applicant) made application to the Fair Work Commission alleging that she was dismissed by Goodstart Early Learning Ltd (Employer) in contravention of Part 3-1 of the Fair Work Act 2009 (FW Act).

[2] The Employer’s response to the application is that:

● the Applicant resigned from her employment of her own volition;

● the Applicant, in correspondence dated 7 December 2012, indicated that she was going to “hand in my notice after Christmas anyway”; and

● denies that it contravened Part 3-1 of the FW Act.

[3] On 17 January 2013, the parties were advised of a conference on 12 February 2013 pursuant to s.368 of the FW Act.

[4] On 12 February 2013, the parties were advised that the conference had been brought forward from 2:00 pm to 12:30 pm. The parties were advised of this intended action the day before (11 February 2013).

[5] The Employer’s representatives attended the conference on 12 February 2013 at 12:30 pm and 2:00 pm. The Applicant did not attend either at 12:30 pm or 2:00 pm.

[6] No communication was received from the Applicant to advise that she was unable to attend the conference. My Associate left a voicemail message on the Applicant’s mobile telephone seeking why she had not attended the 12:30 pm conference; no reply was received.

[7] For the above reasons, pursuant to paragraph 587(3) of the FW Act, the application is dismissed for want of prosecution.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR534145>