Shaun Campbell v Afkos Industries Pty Ltd T/A Afkos Industries

[2013] FWC 5545

[2013] FWC 5545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Shaun Campbell
v
Afkos Industries Pty Ltd T/A Afkos Industries
(U2013/291)

DEPUTY PRESIDENT MCCARTHY PERTH, 9 AUGUST 2013

Unfair dismissal. Application to dismiss due to non-attendance of Applicant. Application dismissed.

[1] Mr Shaun Campbell (the Applicant) lodged an application for an Unfair Dismissal Remedy (the Application) on 4 February 2013 claiming that his employment with Afkos Industries Pty Ltd T/A Afkos Industries (the Respondent) was terminated unfairly.

[2] I listed the matter for a Directions Conference by telephone on 1 May 2013. The conference was conducted at the appointed time. The Applicant attended by telephone as did the Respondent. At that conference the Respondent advised of an intention to make an application with the matter to be dismissed because of the Applicant’s failure to attend previous proceedings.

[3] On 10 May 2013 the Respondent lodged an application that the matter be dismissed on the grounds relating to failure by the Applicant to attend two conciliation conferences. The Respondent served the notice on the Applicant by post and by email. The Applicant’s contact details were confirmed by him at the conference. It was also explained to the Applicant at that conference that he would need to respond to such an application which was foreshadowed by the Respondent at that conference. As nothing had been received from the Applicant I wrote to him on 23 July 2013 referring to the application to dismiss lodged by the Respondent and requesting a response from him by 30 July 2013. On 2 August 2013 an email was received from the Applicant which stated that he had prepared a handwritten response and stating he intended to email it within a few hours.

[4] On 6 August 2013 as nothing had been received the Applicant was again emailed. To date nothing has been received from him.

[5] Pursuant to the provisions of s.399A Fair Work Act 2009 the application is dismissed.

DEPUTY PRESIDENT

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