Simon Marley v Amritpall Shoker (Paul Shoker) T/A JS JK & a Shoker
[2012] FWA 6074
•17 JULY 2012
[2012] FWA 6074 |
|
DECISION |
Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal
Simon Marley
v
Amritpall Shoker (Paul Shoker) T/A JS JK & A Shoker
(C2012/3883)
COMMISSIONER MCKENNA | SYDNEY, 17 JULY 2012 |
Application to deal with contraventions involving dismissal - application dismissed.
[1] On 21 May 2012, Simon Marley (“the applicant”) lodged an application pursuant to s.365 of the Fair Work Act 2009 to deal with alleged contraventions involving dismissal, initially identifying Paul Shoker T/A JS & JK Shoker as the respondent. The matter was listed for a conference by telephone on 5 June 2012. On that occasion, the applicant appeared on his own behalf as did Mr Shoker. The respondent’s name was confirmed, and amended, as being Amritpall Shoker (Paul Shoker) T/A JS JK & A Shoker. In the proceedings, I raised with the parties the fact the application had been brought under s.365 of the Act in circumstances where the respondent was an individual rather than a company. At a mention by telephone on 14 June 2012, the applicant submitted he had sought advice and, in light of that advice, intended to lodge a notice of discontinuance concerning this application.
[2] An examination of the file papers records the history of email and telephone communications by my Associate since 14 June 2012 seeking that the applicant attend to the lodgement of the notice of discontinuance. In the end, various attempts to contact the applicant have not been the subject of any response at all.
[3] The applicant has not lodged a notice of discontinuance, as he had submitted he would on 14 June 2012; and various attempts to contact the applicant in recent weeks to today’s date have been fruitless. In the circumstances, I have determined, pursuant to s.587 of the Act, to dismiss the application for want of prosecution. An order thereto has been issued in conjunction with this decision.
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