Peter-John McCoy v Laundry Mates Echuca Pty Ltd

[2016] FWC 4887

[2016] FWC 4887

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Peter-John McCoy
v
Laundry Mates Echuca Pty Ltd
(U2016/7141)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 20 JULY 2016

Application for relief from unfair dismissal.

[1] Mr Peter-John McCoy claimed that his dismissal by Laundry Mates Echuca Pty Ltd (“Laundry Mates”) was unfair. Laundry Mates objected to the application on the grounds that it was not the employer.

[2] In its employer response Laundry Mates set out in detail the basis of its objection.

[3] Directions were issued to the parties to file material but neither party complied. The matter was listed for hearing by telephone on 19 July 2016.

[4] Mr McCoy did not respond to the various attempts by my chambers to contact him. Mr McCoy did not attend the hearing and did not advise my chambers prior to the time set down that he was unable to attend. I am satisfied that Mr McCoy was given notice of the hearing.

[5] Mr Adrian Dryberg appeared on behalf of Laundry Mates and advised that Mr McCoy had been reengaged by the business from 17 June 2016.

[6] I advised that in those circumstances I intended to dismiss Mr McCoy’s application. There is no material before me on which I could conclude that Mr McCoy was an employee of Laundry Mates as Mr McCoy did not put any such evidence before me. Mr McCoy’s application for an unfair dismissal remedy is therefore dismissed.

DEPUTY PRESIDENT

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