Yin De Quan v Ui Projects WA Pty Ltd T/A United Industries Pty Ltd

[2014] FWC 7649

[2014] FWC 7649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Yin De Quan
v
UI Projects WA Pty Ltd T/A United Industries Pty Ltd
(U2014/12127)

DEPUTY PRESIDENT MCCARTHY PERTH, 29 OCTOBER 2014

Application for relief from unfair dismissal.

[1] On 1 September 2014, Mr Yin De Quan (the Applicant) lodged an Unfair Dismissal Application (the Application). The Applicant asserted that he had been unfairly dismissed from his employment with UI Projects WA Pty Ltd T/A United Industries Pty Ltd (the Respondent).

[2] The matter was listed for Conciliation in person before a Conciliator of the Fair Work Commission (FWC) on 25 September 2014. The Conciliation was unable to proceed as there was no attendance by the Applicant. On 25 September 2014, the Conciliator wrote to the parties advising that the Conciliation was unable to take place due to the Applicant’s unavailability and requested that the parties advise within 48 hours whether they wished for the matter to be listed for a further Conciliation.

[3] As there was no response by either party the Conciliator wrote to both parties on 2 October 2014 advising that the matter would be referred to a member of the FWC. The matter was allocated to me the following day.

[4] On 7 October 2014, I wrote to the Applicant requesting that he advise by 5:00pm on Tuesday, 14 October 2014 whether he wished to proceed with his Application. I advised the Applicant that if no response was received by him I would presume that he had discontinued his Application. I have received no response or communication at all from the Applicant.

[5] I have therefore determined to dismiss the Application pursuant to s.587 of the Fair Work Act 2009. The Application is dismissed.

DEPUTY PRESIDENT

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