Nathan Wills v Orana Cinemas Busselton Pty Ltd

[2014] FWC 5133

[2014] FWC 5133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Nathan Wills
v
Orana Cinemas Busselton Pty Ltd
(U2014/1482)

DEPUTY PRESIDENT MCCARTHY PERTH, 31 JULY 2014

Application for relief from unfair dismissal.

[1] An application for unfair dismissal remedy was lodged by Mr Nathan Wills (the Applicant) on 29 April 2014. The Applicant asserted that he had been unfairly dismissed from his employment with Orana Cinemas Busselton Pty Ltd(the Respondent).

[2] I wrote to the Applicant on 8 May 2014 advising him that the application appeared to be lodged outside the 21 days time allowed and requested that he provide me with information on matters I must take into account in determining whether exceptional circumstances existed for the time allowed to be extended. I requested that the Applicant provide a response by 5:00pm on Thursday, 22 May 2014. No response was provided by the Applicant.

[3] On 3 June 2014, I sent a letter to the Applicant by both post and email requesting that he advise by 17 June 2014 whether he wished to proceed with his application. I also advised the Applicant that if no response was received I would presume that he had discontinued his application. I have received no response or communication at all from the Applicant.

[4] I have therefore determined to dismiss the application pursuant to s.587 of the Fair Work Act 2009. The application is dismissed.

DEPUTY PRESIDENT

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