Peter Lombardi v Anglo Italian Concrete

[2018] FWC 2252

[2018] FWC 2252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Peter Lombardi

v

Anglo Italian Concrete

(U2018/1401)

Commissioner McKinnon MELBOURNE, 19 APRIL 2018

Application for an unfair dismissal remedy - application dismissed.

1. On 13 February 2018, Mr Peter Lombardi applied for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

1. The matter was listed for telephone conciliation on 7 March 2018. Mr Lombardi did not attend the conciliation and attempts by the Commission to contact him were unsuccessful.

1. Anglo Italian Concrete (the Respondent) subsequently advised the Commission that the matter was resolved between the parties on 5 March 2018. On 9 April it applied to the Commission for dismissal of the application under section 399A of the Act.

1. On 15 March 2018, directions were issued for the filing of material. The Applicant did not comply with the directions. The matter proceeded to a non-compliance hearing on 13 April 2018.

1. Further attempts to contact Mr Lombardi after the conciliation were unsuccessful.

1. On 13 April 2018, the Respondent provided the Commission with correspondence evidencing an exchange of documents between the parties in accordance with a settlement of the unfair dismissal application.

1. Under section 399A(1)(c) of the Act, the Commission may dismiss an unfair dismissal application if it is satisfied that the applicant has unreasonably failed to discontinue the application after a settlement agreement has been concluded.

1. I am satisfied that a settlement agreement was reached between the parties and that the Applicant unreasonably failed to discontinue the application after that time.

1. Mr Lombardi’s application under section 394 of the Act is dismissed.

COMMISSIONER

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