Toby Bens v Retail Food Group Pty Ltd

[2016] FWC 6118

[2016] FWC 6118

FAIR WORK COMMISSION

DECISION

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

Toby Bens
v
Retail Food Group Pty Ltd
(U2016/5219)

COMMISSIONER WILSON MELBOURNE, 30 AUGUST 2016

Application for relief from unfair dismissal; application discontinued.

[1] An application for unfair dismissal remedy made pursuant to s.394 of the Fair Work Act 2009 (the Act) was lodged by Mr Toby Bens on 9 March 2016, alleging unfair dismissal against his former employer, Retail Food Group Pty Ltd.

[2] The matter was listed before me for a conciliation conference on 28 April 2016. The Applicant, Mr Bens, failed to attend the conference. After receiving reasons from Mr Bens for his non-attendance, the matter was relisted for conciliation on 25 May 2016.

[3] The conciliation proceeded to resolve the matter. Draft terms of settlement were issued by my Chambers on 25 May for the parties’ consideration.

[4] On 14 June 2016, the Applicant provided the Commission with executed terms of settlement, which were then forwarded to the Respondent.

[5] On 16 June 2016, the Respondent provided the Commission with signed terms of settlement. My Chambers then proceed to forward the fully executed deed to the Applicant, along with a Form F50 – Notice of Discontinuance for filing in the Commission.

[6] Follow-up email correspondence was sent to Mr Bens on 13 July 2016 and 4 August 2016, respectively, seeking he file and serve a Form F50 in accordance with the deed.

[7] No contact has been received from Mr Bens since 14 June 2016, and certainly not in response to the aforementioned email correspondence.

[8] Having regard to the material before me, I am satisfied that the matter has settled, and that Mr Bens, in so doing, intended to discontinue his application but has not filed a Form F50.

[9] 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.

[10] I have decided to waive compliance with the Fair Work Commission Rules 2013 (the Rules).

[11] Rule 6 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 Bens file and serve a Form F50 as I am satisfied that Mr Bens has discontinued his application.

[12] The application is, therefore, discontinued.

COMMISSIONER

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