Farid Baena -v- Central Regional Tafe

Document Type: Order

Matter Number: U 30/2025

Matter Description: Unfair Dismissal Application

Industry: Education

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner C Tsang

Delivery Date: 13 Jun 2025

Result: Application dismissed

Citation: 2025 WAIRC 00361

WAIG Reference:

DOCX | 28kB
2025 WAIRC 00361
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES FARID BAENA
APPLICANT
-V-
CENTRAL REGIONAL TAFE
RESPONDENT
CORAM COMMISSIONER C TSANG
DATE FRIDAY, 13 JUNE 2025
FILE NO. U 30 OF 2025
CITATION NO. 2025 WAIRC 00361

Result Application dismissed
Representation


APPLICANT MR F BAENA

RESPONDENT MS I INKSTER (OF COUNSEL)


Order
WHEREAS on 19 March 2025, the applicant filed a Form 2 – Unfair Dismissal Application and, on 9 April 2025, the respondent filed a Form 2A – Employer Response to Unfair Dismissal Application;

AND WHEREAS on 8 April 2025, the Commission, taking into account the parties’ availability, listed a conciliation conference on 28 May 2025;

AND WHEREAS on 26 May 2025, the Commission telephoned the parties informing them that the conference would need to be rescheduled but was unable to reach the applicant by telephone and, on 26 May 2025, the Commission wrote to the parties informing them that the conference would need to be rescheduled and requested the parties to respond;

AND WHEREAS no response was received from the applicant and, on 27 May 2025, the Commission wrote to the parties confirming that the conference had been vacated, and requested the applicant to respond by 28 May 2025;

AND WHEREAS no response was received from the applicant and, on 29 May 2025, the Commission wrote to the parties and requested the applicant to respond by 30 May 2025;

AND WHEREAS on 30 May 2025, the applicant wrote to the Commission stating his present location and, on 30 May 2025, the Commission wrote to the parties and requested the applicant to confirm how he intended to proceed with the matter given his present location by 3 June 2025;

AND WHEREAS no response was received from the applicant and, on 4 June 2025, the Commission wrote to the parties requesting the applicant to respond by 5 June 2025 and informing him that a failure to respond may result in an Order being issued dismissing the matter for want of prosecution;

AND WHEREAS no response was received from the applicant and, on 6 June 2025, the Commission wrote to the parties informing them that given no response had been received from the applicant, the Commission will issue an Order dismissing the matter on 13 June 2025 unless an objection is raised by either party before 4:00pm on 13 June 2025;

AND WHEREAS by 4:00pm on 13 June 2025, no objection was raised by either party;

NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –

THAT application U 30 of 2025 is dismissed for want of prosecution.








COMMISSIONER C TSANG
Farid Baena -v- Central Regional Tafe

UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Farid Baena

APPLICANT

-v-

Central Regional Tafe

RESPONDENT

CORAM Commissioner C Tsang

DATE FRIDAY, 13 June 2025

FILE NO. U 30 OF 2025

CITATION NO. 2025 WAIRC 00361

 

Result Application dismissed

Representation

 


Applicant Mr F Baena

 

Respondent Ms I Inkster (of counsel)

 

 

Order

WHEREAS on 19 March 2025, the applicant filed a Form 2 – Unfair Dismissal Application and, on 9 April 2025, the respondent filed a Form 2A – Employer Response to Unfair Dismissal Application;

 

AND WHEREAS on 8 April 2025, the Commission, taking into account the parties’ availability, listed a conciliation conference on 28 May 2025;

 

AND WHEREAS on 26 May 2025, the Commission telephoned the parties informing them that the conference would need to be rescheduled but was unable to reach the applicant by telephone and, on 26 May 2025, the Commission wrote to the parties informing them that the conference would need to be rescheduled and requested the parties to respond;

 

AND WHEREAS no response was received from the applicant and, on 27 May 2025, the Commission wrote to the parties confirming that the conference had been vacated, and requested the applicant to respond by 28 May 2025;

 

AND WHEREAS no response was received from the applicant and, on 29 May 2025, the Commission wrote to the parties and requested the applicant to respond by 30 May 2025;

 

AND WHEREAS on 30 May 2025, the applicant wrote to the Commission stating his present location and, on 30 May 2025, the Commission wrote to the parties and requested the applicant to confirm how he intended to proceed with the matter given his present location by 3 June 2025;

 

AND WHEREAS no response was received from the applicant and, on 4 June 2025, the Commission wrote to the parties requesting the applicant to respond by 5 June 2025 and informing him that a failure to respond may result in an Order being issued dismissing the matter for want of prosecution;

 

AND WHEREAS no response was received from the applicant and, on 6 June 2025, the Commission wrote to the parties informing them that given no response had been received from the applicant, the Commission will issue an Order dismissing the matter on 13 June 2025 unless an objection is raised by either party before 4:00pm on 13 June 2025;

 

AND WHEREAS by 4:00pm on 13 June 2025, no objection was raised by either party;

 

NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –

 

 THAT application U 30 of 2025 is dismissed for want of prosecution.

 

 

 

 

 

 

 

 

Commissioner C Tsang