Natalie King v Hibernian Aged Care T/A Ballycara Village of Friends

Case

[2011] FWA 4538

14 JULY 2011

No judgment structure available for this case.

[2011] FWA 4538


FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Natalie King
v
Hibernian Aged Care T/A Ballycara Village of Friends
(U2011/5268)

COMMISSIONER BLAIR

BRISBANE, 14 JULY 2011

Termination of employment – application dismissed.

[1] This matter was first dealt with by conciliators of Fair Work Australia (the Tribunal) in conciliation on 21 March 2011; however, the matter was unable to be resolved. The matter then proceeded to arbitration by the Tribunal.

[2] The matter was listed for jurisdiction and arbitration hearing on 14 July 2011, with directions for Mrs Natalie King (the Applicant) to file material by 24 May 2011. The Applicant failed to file any material and did not attend the subsequent non-compliance hearing listed on 2 June 2011. Hibernian Aged Care T/A Ballycara Village of Friends (the Respondent) was advised by the Tribunal during the non-compliance hearing that it did not need to attend the hearing on 14 July 2011 or to file any material.

[3] The Applicant did not appear at the hearing before me on 14 July 2011.

[4] The Applicant in this matter has not attended several proceedings before the Tribunal in respect of her application nor has she filed material in accordance with the directions.

[5] Having regard to the material on the file and the failure of the Applicant to attend the proceedings and prosecute the material she has filed, I am not satisfied the dismissal in this matter was unfair.

[6] Accordingly, the application in this matter is dismissed. An Order will be issued separately to this Decision.

COMMISSIONER



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