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:
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
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