Steven Judd v Wrightmann Transport Pty Ltd T/A Wrightmann Transport

[2013] FWC 2646

[2013] FWC 2646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Steven Judd
v
Wrightmann Transport Pty Ltd T/A Wrightmann Transport
(U2012/12491)

COMMISSIONER MCKENNA SYDNEY, 30 APRIL 2013

Application for unfair dismissal remedy - claim settled - applicant failed to file notice of discontinuance - application dismissed.

[1] Steven Judd (“the applicant”) lodged an application pursuant to s.394 of the Fair Work Act 2009 seeking an unfair dismissal remedy concerning his dismissal by Wrightmann Transport Pty Ltd trading as Wrightmann Transport.

[2] The matter settled on 12 December 2012. The file record indicates that on 15 January 2013 the applicant confirmed in response to telephone inquiries from my Associate that the settlement had been completed. Various endeavours by my Associate since that time seeking that the applicant lodge a notice of discontinuance have not resulted in the applicant attending to this, albeit copies have been forwarded to him by mail and email.

[3] Considering the circumstances and the passage of time during which the applicant has failed to comply with his various undertaking to attend to the notice of discontinuance, I have determined to dismiss the application for want of prosecution.

COMMISSIONER

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