Nicholas Rochecouste v Hume Doors & Timber (Vic) Pty Ltd

[2012] FWA 8219

[2012] FWA 8219

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Nicholas Rochecouste
v
Hume Doors & Timber (Vic) Pty Ltd
(U2012/11302)

COMMISSIONER GOOLEY MELBOURNE, 21 SEPTEMBER 2012

Application for unfair dismissal remedy.

[1] On 11 July 2012 Mr Nicholas Rochecouste made an application for an unfair dismissal remedy pursuant to section 394 of the Fair Work Act 2009.

[2] His employment with Hume Doors & Timber (Vic) Pty Ltd ended on 21 June 2012. The application was therefore not made within 14 days of the date of the dismissal.

[3] The Application was listed for conciliation on 31 July 2012 but the conciliator was not able to contact the Applicant. The Applicant did not advise Fair Work Australia that he was unable to participate in the conciliation.

[4] Directions were issued for the Applicant to file by 31 August 2012 submissions and evidence in support of an application to extend time. The Applicant did not file any material.

[5] Fair Work Australia attempted to contact the Applicant on 16 August, 3 September and 11 September 2012. A message was left for the Applicant with the Applicant’s uncle. The Applicant did not respond to any telephone messages left for him.

[6] On 17 September 2012 my associate wrote to the Applicant, as well as emailing the Applicant, advising him that he needed to contact our chambers by 10am on 20 September 2012. He was advised that if he did not, the application would be determined on the papers and the hearing cancelled. Further attempts were made to contact the Applicant on 17 and 20 September 2012 but the Applicant did not respond.

[7] The application was listed for an extension of time hearing today.

[8] The Applicant did not attend Fair Work Australia.

[9] The application for an unfair dismissal remedy was not made within time. There has been no application by the Applicant to extend time for making the application. In those circumstances the application for an unfair dismissal remedy is dismissed.

COMMISSIONER

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