UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Garry Ronald Formica

APPLICANT

-v-

Barry Irwin

RESPONDENT

CORAM Commissioner C Tsang

DATE FRIday, 11 July 2025

FILE NO. U 58 OF 2024

CITATION NO. 2025 WAIRC 00417

Result Order Issued

Representation

Applicant Mr Garry Formica

Respondent Mr Barry Irwin

Order

WHEREAS on 13 June 2024, the applicant filed a Form 2 – Unfair Dismissal Application, and on 23 July 2024, the respondent filed a Form 2A – Employer Response to Unfair Dismissal Application;

AND WHEREAS by Notices of Hearing issued on 14 November 2024 the matter was set down for hearing on 26 March 2025, and by Directions ([2024] WAIRC 01036) issued on 12 December 2024, the hearing set down on 26 March 2025 was vacated;

AND WHEREAS on 2 July 2025, the applicant advised the Commission that he did not wish to continue with the matter (Application for leave to discontinue the matter);

AND WHEREAS on 3 July 2025, the Commission wrote to the respondent and requested his response to the Application for leave to discontinue the matter, and informed the respondent that if he did not respond by 4:00pm on Friday, 11 July 2025, the Commission will issue an Order discontinuing the matter with leave;

AND WHEREAS by 4:00pm on 11 July 2025, no response was received from the respondent;

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

THAT application U 58 of 2024 is discontinued with leave.

Commissioner C Tsang