Industrial Relations Commission of New South Wales CITATION: Helman Rojas and Moran Health Care Group Pty Ltd trading as Annandale Nursing Home [2006] NSWIRComm 1111 PARTIES: Helman Rojas and Moran Health Care Group Pty Ltd trading as Annandale Nursing Home FILE NUMBER(S): 2275 of 2006 CORAM: McKenna C CATCHWORDS: Unfair dismissal - failure of applicant to either seek relist or discontinue - further failure to respond to Commission by specified date - dismissal for want of prosecution LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 22/05/06 DATE OF JUDGMENT: 07/07/2006 Applicant Mr H Rojas Self represented LEGAL REPRESENTATIVES: Respondent Mr R Marshall, solicitor Fisher Cartwright Berriman DECISION: 1. This is an application made pursuant to s84 of the Industrial Relations Act 1996 in which the applicant, Helman Rojas, alleged he was harshly, unreasonably or unjustly dismissed by the respondent, the Moran Health Care Group Pty Ltd t/as Annandale Nursing Home. 2. The matter was listed for conciliation and directions on 22 May 2006. The respondent raised a number of issues that day concerning the application, which focussed on the operation of the WorkChoices legislation, the late filing of the application, and the contention the termination of employment was not at the initiative of the employer. 3. Attempts to conciliate the matter on 22 May 2005 were unsuccessful. The matter was adjourned on 22 May 2006 to allow the applicant to take professional advice on his application, with a view to seeking either a re-listing or advising of discontinuance. 4. On 22 June 2005, no advice had been received from the applicant. As such, I caused correspondence to be sent to the applicant advising him "that written advice is required by Friday, 30 June 2006 confirming whether you intend to proceed with the application or discontinue". The letter also advised that if correspondence was not received by close of business on 30 June 2006, the matter would be dismissed for want of prosecution. 5. The applicant has had earlier proceedings before the Commission and, hence, is not unfamiliar with the Commission's processes. It is now early July. In the circumstances of the failure of the applicant to contact the Commission in accordance with the arrangements discussed in proceedings on 22 May 2006, coupled with the further failure of the applicant to respond to the letter dated 22 June 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.