UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Brooke McCulloch

APPLICANT

-v-

David Ferris and Siobhan Ferris as Trustees for The Ferris Family Trust

RESPONDENT

CORAM Commissioner T Emmanuel

DATE FRIDAY, 16 May 2025

FILE NO/S U 20 OF 2025

CITATION NO. 2025 WAIRC 00303

Result Matter discontinued

Representation

Applicant On her own behalf

Respondent Mr J Smith (as agent)

Order

WHEREAS this is an application under s 29(1)(c) of the Industrial Relations Act 1979 (WA);

AND WHEREAS on 14 March 2025, the Commission asked parties to provide their unavailable dates for listing application U 20 of 2025 for a conciliation conference;

AND WHEREAS on 14 March 2025, Miss McCulloch emailed the Commission to ask if the conference may fall on a weekend or weekday after 5pm;

AND WHEREAS on 18 March 2025, the Commission told Miss McCulloch that a conference will be listed on a weekday, likely between the hours of 9am – 4:30pm;

AND WHEREAS a conciliation conference was listed on 26 March 2025;

AND WHEREAS on 19 March 2025, Miss McCulloch emailed the Commission to ask for ‘some options’;

AND WHEREAS on 20 March 2025, the Commission asked Miss McCulloch to email proposed alternative dates and times if she would like the conference to be rescheduled;

AND WHEREAS on 20 March 2025, Miss McCulloch emailed the Commission to say she was available any weekday after 4:30pm or on a Saturday or Sunday;

AND WHEREAS neither party attended the conciliation conference listed on 26 March 2025;

AND WHEREAS on 26 March 2025, the Commission directed Miss McCulloch to tell the Commission whether she wished to pursue application U 20 of 2025 or discontinue it;

AND WHEREAS on 28 March 2025, Miss McCulloch told the Commission she would like to proceed with her application;

AND WHEREAS on 31 March 2025, the Commission asked parties to provide their unavailable dates for listing application U 20 of 2025 for a conciliation conference;

AND WHEREAS the Commission listed application U 20 of 2025 for a conciliation conference on 13 May 2025;

AND WHEREAS on 30 April 2025, Miss McCulloch emailed Information Services to request to attend the conference via video;

AND WHEREAS on 7 May 2025, the Commission emailed Miss McCulloch to tell her to file a Form 1A – Multipurpose Form, with reasons for the request to attend by video;

AND WHEREAS on 7 May 2025, Miss McCulloch called the Commission and left a voice message stating she was ‘extremely unimpressed with the service [she is] being provided here’ and emailed the Commission to ‘send [her] that form you need completed’;

AND WHEREAS on 8 May 2025, the Commission emailed Miss McCulloch to address her communication with the Commission and explained how to file a Form 1A – Multipurpose Form;

AND WHEREAS on 11 May 2025 the applicant emailed the Commission stating ‘At this stage, I will not be continuing with this application’;

AND WHEREAS on 12 May 2025, the Commission vacated the conference listed on 13 May 2025, told Miss Mcculloch that from her email the Commission understands that Miss McCulloch wants to discontinue application U 20 of 2025, and if she does not want to discontinue application U 20 of 2025, she must tell the Commission so by Wednesday, 14 May 2025;

AND WHEREAS Miss McCulloch did not respond to the Commission by Wednesday, 14 May 2025 or at all;

AND WHEREAS Mr Smith confirmed on 15 May 2025 that the respondent consents to application U 20 of 2025 being discontinued;

WHEREAS in the circumstances, the Commission is satisfied that Miss McCulloch wishes to discontinue application U 20 of 2025 and it should be discontinued;

NOW THEREFORE the Commission, having heard from the parties and pursuant to the powers conferred by the Industrial Relations Act 1979 (WA), orders –

THAT application U 20 of 2025 be, and by this order is, discontinued.

Commissioner T Emmanuel