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Tasmanian Industrial Commission

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T13600

TASMANIAN INDUSTRIAL COMMISSION

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


Jason Scott Longey
(T13600 of 2009)

and

Gregory L Prescott & Michael D Hibberd trading as the Club Hotel


COMMISSIONER JP McALPINE
HOBART, 22 December 2009


Industrial dispute - alleged unfair termination of employment - application dismissed


REASONS FOR DECISION


[1] On 30 November 2009, Jason Scott Longey (the applicant), applied, pursuant to s.29(1A) of the Industrial Relations Act 1984 (the Act), for a hearing before a Commissioner in respect of an industrial dispute with Gregory L Prescott & Michael D Hibberd trading as the Club Hotel (the respondent) arising out of the alleged unfair termination of his employment.

[2] On 1 December 2009 a Notice of hearing was sent to the parties for a hearing (Conciliation Conference) to be held at the Edward Braddon Commonwealth Law Courts Building, 39-41 Davey Street, Hobart, Tasmania on Wednesday, 16 December 2009.

[3] On 3 December 2009 the applicant telephoned the Commission requesting an adjournment as he was on holiday on the Gold Coast.  He was advised that the Commission and the respondent would need notification in writing and the consent of the respondent to the adjournment.

[4] The Commission did not receive the requested letter from the applicant.

[5] A hearing commenced on the above date.  There was no appearance entered by the applicant.  Mr M Hibberd, for the respondent, confirmed that no letter had been received by him requesting an adjournment.

[6] A phone call was made to the applicant on the Gold Coast who claimed he had sent a letter both to the Commission and the respondent.

[7] At the conclusion of the hearing I adjourned the matter until close of business on 18 December 2009, and indicated that in the absence of any letter from the applicant by that date it would be my intention to dismiss the application pursuant to Section 21(2)(c) of the Act.

[8] No letter has been received from the applicant to date.

[9] Accordingly, I dismiss the application pursuant to s.21(2)(c)(iv).

 

 

James P McAlpine
COMMISSIONER

Appearances:
Mr M Hibberd for Gregory L Prescott & Michael D Hibberd trading as the Club Hotel

Date and place of hearing:
2009
December 16
Hobart