Paul Archibald v CMG Smart Services

[2020] FWC 4198

[2020] FWC 4198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Paul Archibald
v
CMG Smart Services
(U2020/3674)

COMMISSIONER BISSETT MELBOURNE, 11 AUGUST 2020

Application for an unfair dismissal remedy – no reasonable prospect of success – application dismissed pursuant to s.587(1)(c).

[1] Mr Paul Archibald (Applicant) made an application to the Fair Work Commission for relief from unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] On 9 June 2020 the Applicant’s representative advised the Commission that the parties had reached an agreement to settle the matter. As a result, the directions for filing and hearing dates set for the matter were vacated.

[3] Since that time, the Commission has attempted to contact the Applicant and his representative to obtain a Form F50 Notice of Discontinuance to enable the file to be closed. To date, no response has been received.

[4] As the Commission has been advised that this matter is settled and neither the Applicant nor his representative has contacted the Commission to attempt to prosecute this case, I am satisfied that the matter has settled and that the application therefore has no reasonable prospects of success. As such, the matter is dismissed pursuant to s.587(1)(c) of the FW Act.

COMMISSIONER

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