Raymond Sherman v Coca-Cola Amatil (Aust) Pty Ltd

[2013] FWC 8466

[2013] FWC 8466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Raymond Sherman
v
Coca-Cola Amatil (Aust) Pty Ltd
(U2013/6450)

COMMISSIONER WILSON MELBOURNE, 28 OCTOBER 2013

Application for relief from unfair dismissal dismissed.

[1] On 12 February, Mr Raymond Sherman made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] The matter was listed for conciliation on 6 March 2013. The matter did not settle at conciliation.

[3] On 3 May 2013, Mr Sherman’s representative, Mr Byrnes, verbally advised the Fair Work Commission (the Commission) that Mr Sherman no longer wanted to continue with his application as the matter had settled between the parties. The Commission advised Mr Byrnes of the formalities of discontinuing an application.

[4] The Commission sent correspondence by email on 17 September 2013 and advised that Mr Sherman’s application remained open and that the Form F50 - Notice of Discontinuance (Form F50) was required. To date the Commission has not received a completed Form F50.

[5] Having regard to the material before me, I am satisfied that given Mr Byrnes’s advice, that Mr Sherman no longer wanted to prosecute his application, he intended to discontinue the application but has not filed a Form F50.

[6] Section 588 of the Act provides:

588 Discontinuing applications

A person who has applied to the FWC may discontinue the application:

(a) in accordance with the procedural rules (if any); and

(b) whether or not the matter has been settled.

[7] I have decided to waive compliance with the Fair Work Rules 2010 (the Rules).

[8] Rule 4 of the Rules provides that the Commission may dispense with compliance with the Rules. I have decided to waive compliance with the requirement that Mr Sherman file and serve a Form F50 as I am satisfied that Mr Sherman has discontinued his application.

[9] The application is therefore, discontinued.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR543860>