Suihua Yan v Karabil Park Pty Ltd

[2014] FWC 2050

[2014] FWC 2050

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Suihua Yan
v
Karabil Park Pty Ltd
(U2011/15022)

COMMISSIONER GREGORY MELBOURNE, 2 APRIL 2014

Application for Unfair Dismissal remedy.

[1] On 27 December 2011 Ms Suihua Yan filed an application alleging that her dismissal by Karabil Park Pty Ltd was unfair.

[2] On 2 February 2012 the matter was listed for a telephone conciliation.

[3] On 19 April 2012 the Respondent filed an objection to the application alleging that the Applicant was an independent contractor and in the alternative had not met the minimum employment period for an employee employed by a small business, that being 12 months.

[4] The matter was then listed for a Jurisdiction hearing on 8 June 2012. This hearing did not proceed. It was then relisted on 29 June 2012, however, this hearing also did not proceed.

[5] The matter was adjourned indefinitely due to the Applicant’s poor health. The Commission was in contact with the Applicant during the adjournment period and received periodic advice that the Applicant wished to have the file kept open until such time as she could proceed with the matter.

[6] On 1 November 2013 the Applicant emailed the Commission and advised that she agreed “to dismiss the case”. A Notice of Discontinuance was sent to her to fill out, however, to date has not been returned.

[7] Given the Applicant’s advice that she wished to “dismiss” the case, and as nothing further has been received from her since November 2013 I have determined pursuant to s.587 of the Act that her application for an unfair dismissal remedy is dismissed. An order dismissing this application will be issued alongside this decision.

COMMISSIONER

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