TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of an industrial dispute

Jamie Lea Wynwood
(T10239 of 2002)

and

Securefast Pty. Ltd

Industrial dispute - termination - breach - application discontinued

REASONS FOR DECISION

[1] On 12 June 2002, Jamie Lea Wynwood, the applicant, applied to the President, pursuant to s.29(1A) of the Industrial Relations Act 1984, for a hearing before a Commissioner in respect of a dispute with Securefast Pty. Ltd, the respondent, arising out of his alleged unfair termination of employment; and, alleged breach of an award or a registered agreement.

[2] The matter was set down for hearing on the following days:

18 June 2002 - At the request of the parties adjourned sine die
18 July 2002 - At the request of the parties adjourned sine die
5 December 2002 - Conference
16 January 2003 - At the request of the applicant adjourned sine die

[3] The matter was relisted again for hearing on 10 April 2003. There was no appearance entered for or on behalf of the respondent. The hearing adjourned on the basis that the applicant would have further discussions with the respondent.

[4] The Commission, in correspondence dated 26 June 2003, requested the applicant to advise the status of his application, and whether or not he wished to proceed. As there was no response to that correspondence the Commission, on 15 August 2003, wrote to the applicant in the following terms:

"Jamie Lea Wynwood
PO Box 183
ULVERSTONE Tas 7315

Dear Sir

Re: T10239 of 2002 - Securefast Pty. Ltd.

The Commission would appreciate written correspondence as to the status of this application.

If you do not respond to this correspondence with 14 days from the above date, it is my intention to dismiss the application pursuant to Section 21(2)(c) of the Industrial Relations Act 1984.

Yours faithfully

RJ Watling
DEPUTY PRESIDENT

15 August 2003"

[5] In response to that correspondence the applicant advised that he wished to continue with his application, and the matter was set down for hearing on 13 November 2003.

[6] By way telephone call at 9.55 am on 13 November 2003, the applicant advised that he was no being represented and he wished to discontinue with his application.

[7] Given that advice, this application is discontinued pursuant to s.21 of the Industrial Relations Act 1984.

R J Watling
DEPUTY PRESIDENT

Appearances:
Ms E Mason (5.12.02), Walsh Day Williams, Barristers and Solicitors, Ms C Wynwood (10.4.03) and Mr M Reynolds (10.4.03), for the applicant
Mr A Cameron (5.12.02), Tasmanian Chamber of Commerce and Industry Limited, with Mr Fyle and Ms S Richardson for the respondent

Date and place of hearing:
2002
December 5
Ulverstone
2003
April 10
November 13
Launceston