Sergio Novelli v Australian Boom and Scissor Lift Pty Ltd
[2011] FWA 4784
•21 JULY 2011
[2011] FWA 4784 |
|
DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Sergio Novelli
v
Australian Boom and Scissor Lift Pty Ltd
(U2011/539)
COMMISSIONER RAFFAELLI | SYDNEY, 21 JULY 2011 |
Application for an unfair dismissal remedy - extension of time - application dismissed.
[1] On 14 March 2011, Mr Sergio Novelli (the Applicant) filed an application for an unfair dismissal remedy, pursuant to s.394 of the Fair Work Act 2009 (the Act).
[2] On 8 April 2011, the matter was listed for conciliation by telephone before a Fair Work Australia Conciliator. The matter was not settled.
[3] On 6 May 2011, a notice of listing with directions was dispatched advising that the matter was listed for conference/hearing at 10.00 a.m. Friday, 8 July 2011. The Applicant was directed to file and serve on Australian Boom and Scissor Lift Pty Ltd (the Respondent) an outline of submissions and any witness statements and other documentary material by noon Tuesday, 24 May 2011.
[4] The Applicant failed to comply with those directions.
[5] On 2 June 2011 Senior Deputy President Acton convened a telephone conference. The transcript shows that the Senior Deputy President’s staff had been unable to contact the Applicant, presumably to discuss his failure to comply with the directions.
[6] At the conference the Senior Deputy President decided that the scheduled hearing go ahead on 8 July 2011. The Respondent was advised that it need not file material nor attend proceedings. The Senior Deputy President also said that if the Applicant did not attend the hearing on 8 July 2011 then the mater might be dismissed.
[7] On 8 July 2011, I conducted the hearing. The Applicant did not attend. Additionally, my chambers were unable to contact the Applicant at the time.
[8] In the circumstances, given that the Applicant has failed to comply with directions and failed to attend the hearing, I have reached the conclusion that he no longer wishes to pursue his application.
[9] Pursuant to section 587(3) of the Act, I hereby dismiss the application.
COMMISSIONER
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