Richard Lanyon v Aurizon Holdings Pty Ltd T/A Aurizon

[2018] FWC 743

[2018] FWC 743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Richard Lanyon
v
Aurizon Holdings Pty Ltd T/A Aurizon
(U2017/11673)

COMMISSIONER SAUNDERS NEWCASTLE, 5 FEBRUARY 2018

Application for an unfair dismissal remedy - s.399A Dismissing applications.

[1] The applicant failed to attend a hearing held by the Fair Work Commission today in relation to his unfair dismissal application. The applicant was unable to be contacted this morning and gave no notice of an intention not to attend the hearing.

[2] The respondent made an application to dismiss the applicant’s unfair dismissal application pursuant to s 399A(1)(a) of the Fair Work Act 2009 (Cth).

[3] I am satisfied that the applicant’s failure to attend the hearing today was unreasonable in the circumstances. I am also satisfied that it is appropriate in the circumstances of this case to exercise my discretion to dismiss the applicant’s unfair dismissal application pursuant to s 399A(1)(a) of the Act and I do so.

COMMISSIONER

Appearances:

The Applicant made no appearance

Mr. A Walker appeared for the Respondent

Hearing details:

2018

Newcastle

5 February

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