Nicole Robson v Comfort Inn Hilltop

[2014] FWC 1309

[2014] FWC 1309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Nicole Robson
v
Comfort Inn Hilltop
(U2011/9334)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 21 FEBRUARY 2014

Application for unfair dismissal remedy.

[1] In June 2011, Ms Nicole Robson filed an application alleging that her dismissal by Mr Bruce and Ms Tanya McDonald (the McDonalds) was unfair.

[2] The McDonalds objected to the application saying that Ms Robson had resigned her employment. If it was found that Ms Robson was dismissed the McDonalds relied upon the Small Business Fair Dismissal Code as they submitted that Ms Robson had been charged by the police in relation to her actions whilst their employee.

[3] In July 2011, the McDonalds sought an adjournment of the unfair dismissal proceedings until the criminal proceedings were finalised.

[4] In February 2012, the McDonalds advised the Fair Work Commission (the Commission) that Ms Robson had pleaded guilty to theft. The Commission contacted Ms Robson’s representative who advised that the information was correct and that they no longer acted for her.

[5] The Commission then made contact with Ms Robson who confirmed that she had pleaded guilty and that she needed to contact her new solicitor before deciding whether to continue with her unfair dismissal application.

[6] Subsequent attempts by the Commission to contact Ms Robson were unsuccessful.

[7] On 8 January 2014, a letter was sent to Ms Robson advising her that if she wished to proceed with her application she had to advise the Commission within 14 days otherwise her claim would be dismissed.

[8] No contact was made by Ms Robson.

[9] Given Ms Robson had taken no steps to prosecute her claim for unfair dismissal and has not contacted the Commission about her claim since February 2012, I have determined that her claim has no reasonable prospects of success and her application for an unfair dismissal remedy is dismissed.

DEPUTY PRESIDENT

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