Robert Kalcic v Mount Manus Pty Ltd T/A Annsir Engineering

[2016] FWC 7930

[2016] FWC 7930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Robert Kalcic
v
Mount Manus Pty Ltd T/A Annsir Engineering
(U2016/5086)

COMMISSIONER ROE MELBOURNE, 2 NOVEMBER 2016

Application for relief from unfair dismissal.

[1] On 3 March 2016, an application pursuant to s.394 of the Fair Work Act 2009 (the Act) for remedy from unfair dismissal was lodged by Mr Robert Kalcic (the Applicant). The matter was listed for a hearing before me on 4 July 2016.

[2] On 16 June 2016 the employer’s representative, the AiGroup advised the Fair Work Commission (the Commission) that an in principle settlement had been reached and that the Applicant would provide a notice of discontinuance in due course. The Applicant’s representative was also copied into this correspondence.

[3] The employer’s representative provided the same advice in correspondence on 4 July 2016 and the hearing was cancelled. On 26 September 2016 an email was sent to the Applicant’s representative requesting a notice of discontinuance to be filed with the Commission. No reply was received.

[4] On 11 October 2016 a further email was sent to both the Applicant and his representative requesting the notice of discontinuance to be filed with the Commission. No reply was received from either party.

[5] On 20 October 2016 my associate sent an email advising the Applicant and his representative that if a notice of discontinuance is not received or an explanation provided as to why the matter should not be closed by the Commission within seven days, a decision will be issued dismissing the application for non-compliance. No reply was received.

[6] I am satisfied that the Applicant no longer wishes to pursue this matter. The employer has effectively made application for the matter to be dismissed in their correspondence advising of the settlement in June 2016.  

[7] The Applicant has unreasonably failed to comply with a direction to either provide a notice of discontinuance or an explanation. I consider it appropriate to exercise the power under s.399A of the Act to dismiss the application.

[8] I am also satisfied that given that a settlement has been reached in this matter the application has no reasonable prospects of success. I could in the alternative dismiss the matter under s.587.

[9] The matter is dismissed and an Order to this effect is published.

COMMISSIONER

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