Shane McDonald v Kador Engineering (Aust) Pty Ltd

[2013] FWC 9331

[2013] FWC 9331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Shane McDonald
v
Kador Engineering (Aust) Pty Ltd
(U2013/8066)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 27 NOVEMBER 2013

Application for relief from unfair dismissal Application for relief from unfair dismissal.

[1] On 3 April 2013, Mr Shane McDonald made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] The matter was listed for conciliation on 18 July 2013. Parties reached an in-principle agreement during the conciliation.

[3] On 17 September 2013, Mr McDonald verbally advised the Fair Work Commission (the Commission) that he no longer wanted to continue with his application. The Commission advised Mr McDonald of the formalities of discontinuing an application and asked Mr McDonald to complete a Form F50 - Notice of Discontinuance (Form F50). A copy of a Form F50 was forwarded to Mr McDonald by email.

[4] On 25 October 2013, correspondence by email was forwarded to Mr McDonald advising his application remained open and that the 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 McDonald’s advice, that he no longer wanted to prosecute his application, he intended to discontinue his 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 McDonald file and serve a Form F50 as I am satisfied that Mr McDonald has discontinued his application.

[9] The application is therefore, discontinued.

DEPUTY PRESIDENT

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