Nicholas Hanley v Loris H Hassall Trading Pty Ltd T/A Hassalls

[2016] FWC 6034

[2016] FWC 6034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Nicholas Hanley
v
Loris H Hassall Trading Pty Ltd T/A Hassalls
(U2015/8229)

COMMISSIONER WILSON MELBOURNE, 25 AUGUST 2016

Application for relief from unfair dismissal.

[1] On 4 June 2015, Mr Nicholas Hanley made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] The matter was the subject of conciliation on 26 June 2015 however, the matter was not resolved. Consequently, directions were issued and the matter was listed for hearing.

[3] On 16 July 2015, the Commission received an email from Hassalls as follows:

We would like to inform you this matter has been resolved privately between Nicholas Hanley and Loris H Hassall Trading Pty Ltd on 16^th-July-2015
Nicholas has agreed to 4 weeks’ pay as settlement.
We have the agreement form for Nick to sign so can you please advise us what to do once he has signed this and the money has been transferred into his account?

[4] On 16 July 2015, the Commission spoke with Mr Hanley who confirmed the matter had settled. Mr Hanley advised that once monies were paid to him, he would contact the Commission to discontinue the matter.

[5] On 23 July 2015, Mr Hanley advised the Commission he had received settlement monies. The Commission advised Mr Hanley of the formalities of discontinuing an application and asked Mr Hanley to complete a Form F50 - Notice of Discontinuance. A Form F50 was forwarded to Mr Hanley by email.

[6] The Commission attempted to contact Mr Hanley by telephone on 28 July 2015, 13 August 2015 and 27 April 2016 but no messages could be left on voicemail.

[7] On 23 July 2015, 27 April 2016 and 11 August 2016, the Commission forwarded email correspondence to Mr Hanley that a Form F50 was required.

[8] To date the Commission has not received a completed Form F50.

[9] Having regard to the material before me, I am satisfied that given Mr Hanley’s advice, that he no longer wanted to prosecute his application, he intended to discontinue his application but has not filed a Form F50.

[10] 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.”

[11] I have decided to waive compliance with the Fair Work Commission Rules 2013.

[12] Rule 6 of the Rules provides that the Commission may dispense with compliance with the Rules. I have decided to waive compliance with the requirement that Mr Hanley file and serve a Form F50 as I am satisfied that Mr Hanley has discontinued his application.

[13] The application is therefore, discontinued.

COMMISSIONER

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