Patricia Kohler v Nobis Australia Pty Ltd T/A Caltex Starmart

[2017] FWC 593

[2017] FWC 593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Patricia Kohler
v
Nobis Australia Pty Ltd T/A Caltex Starmart
(U2016/13029)

VICE PRESIDENT CATANZARITI SYDNEY, 27 JANUARY 2017

Application for relief from unfair dismissal.

[1] On 21 October 2016, Patricia Kohler (“Applicant”) lodged an application for an unfair dismissal remedy. On 28 October 2016, the Applicant’s application was allocated to a conciliator at the Fair Work Commission (“FWC”).

[2] The FWC listed the matter for conciliation to take place on 29 November 2016, however, due to the conciliator suffering from illness, the conciliation was postponed. The matter was relisted for conciliation on 14 December 2016, however, the Applicant was unable to participate as she stated she was at work and did not know that the conciliation would take two hours. Nevertheless, the Applicant informed the Commission that she wished to proceed with a further conciliation. The matter was listed for conciliation on 3 January 2017, however, after numerous attempts to contact the Applicant, the FWC received no response. As the conciliation could not take place, the matter was allocated to my chambers.

[3] On 5 January 2017, my chambers listed the matter for directions by telephone to take place on 18 January 2017. On 18 January 2017, my chambers made multiple attempts to contact the Applicant, however, the Applicant could not be contacted. Resultantly, the directions teleconference could not take place.

[4] On 18 January 2017, after repeated efforts to contact the Applicant, my chambers emailed the Applicant informing him that I was unable to contact him. The email informed the Applicant that, in these circumstances, the application will be dismissed if the FWC is not contacted by the Applicant within seven days.

[5] As at 27 January 2017, the FWC has not been contacted by the Applicant. As such, the application is dismissed.

VICE PRESIDENT

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