Industrial Relations Commission of New South Wales CITATION: Peter Tusa and Perescope Design Pty Ltd [2006] NSWIRComm 1119 APPLICANT Peter Tusa PARTIES: RESPONDENT Perescope Design Pty Ltd FILE NUMBER(S): IRC 2268 of 2006 CORAM: McKenna C CATCHWORDS: Unfair dismissal – no appearances at initial listing - failure of applicant to seek to relist or discontinue by date specified – dismissed for want of prosecution LEGISLATION CITED: Industrial Relations Act 1996 s84 HEARING DATES: n/a DATE OF JUDGMENT: 07/24/2006 APPLICANT n/a LEGAL REPRESENTATIVES: RESPONDENT n/a DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES McKENNA C 24 July 2006 Matter No IRC 2268 of 2006 PETER TUSA AND PERESCOPE DESIGN PTY LIMITED Application by Peter Tusa re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION [2006] NSWIRComm 1119 1 This is an application made pursuant to s84 of the Industrial Relations Act 1996 in which the applicant, Peter Tusa, alleged he was harshly, unreasonably or unjustly dismissed by the respondent, Perescope Design Pty Ltd. The matter was listed for conciliation and directions on 22 May 2006. There was no appearance by either party that day, albeit the applicant's former solicitors, Employment Help Lawyers, subsequently sent a letter apologising for the non-attendance and advising "the Respondent became bankrupt on 09 May 2006". By letter dated 25 May 2005, Employment Help Lawyers requested the matter be stood out of the list pending further discussions with the official receiver and foreshadowed it was likely the matter would be discontinued. A notice of discontinuance was not filed. 2 On 29 June 2006, Employment Help Lawyers filed a notice of ceasing to act. In the circumstances, I caused a letter to be sent to the applicant seeking written confirmation by 21 July 2006 whether he wished to relist or to discontinue. The letter also advised the matter would be dismissed for want of prosecution if he did not reply. Given the history of this matter coupled with the failure of the applicant to respond to the letter dated 7 July 2006 by the time specified, I am satisfied that the matter should be dismissed for want of prosecution. I order accordingly. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.