Industrial Relations Commission of New South Wales CITATION: Haropula & Lismore Neighbourhood Centre Inc [2008] NSWIRComm 1023 APPLICANT: PARTIES: Mr M. Haropula RESPONDENT Lismore Neighbourhood Centre Inc FILE NUMBER(S): 2069 of 2007 CORAM: Ritchie C Termination of employment-Unfair dismissal claim Not settled at conciliation-directions given for filing and serving of evidence-dates given for Hearing. Evidenced filed by both parties CATCHWORDS: Applicant's legal representative filed a Notice of Change of Solicitor No appearance by applicant on day of Hearing. Commission wrote to applicant to enquire as to why no appearance, given 21 days to reply. No reply received. Commission dismissed application under Rule 222of the Act for want of prosecution. LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 12/02/08 DATE OF JUDGMENT: 7 March 2008 APPLICANT: Mr M. Haropula LEGAL REPRESENTATIVES: RESPONDENT: Mr M. Felle Jobs Australia DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: RITCHIE C 7 March, 2008 Matter No IRC 2069 of 2007 Mava Haropula and Lismore Neighbourhood Centre Inc Application by Mava Haropula re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 D E C I S I O N [2008] NSWIRComm 1023 1 The applicant in this matter Mr Mava Haropula filed an application for unfair dismissal under Section 84 of the Industrial Relations Act, 1996 (the Act) on 14 November, 2007, against Lismore Neighbourhood Centre Inc. 2 A Conciliation/Directions was heard on 20 November, 2007 at Ballina which failed to settled the matter. Directions for the filing and serving of evidentiary material was provided to the parties. These dates were subsequently varied by consent of the parties. The Hearing dates of 12 and 13 February 2008 remained unchanged. 3 On 8 February 2008 the applicant's legal representative Dr M.J. Kidd filed a Notice of Change of Solicitor. 4 On the first day of the Hearing no appearance was made by the applicant or a representative. 5 I therefore, took steps for my assistant to write to the applicant on 13 February 2008 to enquire as to why there was no appearance and for a written response to be received within 21 days. The correspondence also advised that if no written response was received the matter may be dismissed for Want of Prosecution. 6 The Commission did not receive any written response from the applicant. 7 I therefore, under Rule 222 of the Industrial Relations Action 1996 dismiss this matter for Want of Prosecution. 8 On 12 February 2008 the respondent's legal representative Mr Michael Felle of Jobs Australia indicated that he would seek costs in this matter. 9 If it remains the intention of the respondent to seek costs, then I give 14 days from the date of this Decision to apply in the normal manner. 10 I bring to the attention of the respondent the Section of the Act covering the awarding of costs Section 181(2)(c) and its requirements. D W Ritchie COMMISSIONER 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.