s.394 - Unfair dismissal

Application for an unfair dismissal remedy - reopening application.

• [1] This decision concerns an application made pursuant to s.394 of the Fair Work Act 2009 by Mr Kris Stoddard (Applicant), seeking an unfair dismissal remedy in relation to his dismissal by Veolia Recycling & Recovery Pty Ltd (Respondent).

• [2] The application was lodged on 9 April 2025 by the Transport Workers' Union of Australia (TWU) on the Applicant's behalf. On 14 May 2025, the TWU filed a Notice of Discontinuance and the application was accordingly closed.

• [3] On 15 May 2025, the Applicant wrote to the Commission requesting that his application be reopened on the basis that the Notice of Discontinuance had been filed without his instruction.

• [4] The Applicant's request to reopen the application was listed for hearing on 25 June 2025. For the reasons given in transcript at the conclusion of the hearing, I find that the purported Notice of Discontinuance filed by the TWU is invalid and a nullity. As a result, the substantive application has not been discontinued by the Applicant and may proceed in the ordinary course.

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