s.394 - Unfair dismissal

Application for an unfair dismissal remedy - application dismissed

• [1] This decision relates to an unfair dismissal application by Mr Andrew Callaghan pursuant to s.394 of the Fair Work Act 2009 (Cth) (Act) against his former employer, Parray Civil & Rehabilitation Pty Ltd.

• [2] On 7 August 2025, a notice of listing was sent to the parties to notify them that the matter was listed for a directions hearing, by telephone, before me at midday on 11 August 2025.

• [3] Later on 7 August 2025, the Commission received a notice of ceasing to act from Mr Callaghan's paid agent.

• [4] Mr Callaghan did not appear at the directions hearing on 11 August 2025. The respondent did appear.

• [5] At the commencement of the directions hearing, my Associate attempted to contact Mr Callaghan by telephone about the matter and was not able to make contact with Mr Callaghan. A further telephone call was made shortly thereafter and again the call was not answered.

• [6] At the directions hearing the respondent made an oral application to dismiss Mr Callaghan's unfair dismissal application on the basis that he had unreasonably failed to attend the directions hearing on 11 August 2025.

• [7] Shortly after the directions hearing on 11 August 2025, the following email was sent from my Chambers to Mr Callaghan:

I refer to the directions hearing, by telephone, in this matter before Deputy President Saunders at midday today.

There was no appearance by you, or on your behalf, at the directions hearing.

The respondent has applied to have your unfair dismissal application dismissed on the basis that you unreasonably failed to attend the directions hearing at midday today.

Deputy President Saunders directs you to respond, in writing, by 4pm on Friday, 15 August 2025, to the respondent's application to have your unfair dismissal application dismissed on the basis that you unreasonably failed to attend the directions hearing at midday today.

If we do not hear from you before 4pm on Friday, 15 August 2025, your unfair dismissal application will be dismissed without further prior notice to you.

Alternatively, if you do not wish to proceed with your unfair dismissal case against the respondent, you may respond to this email to inform us that you wish to discontinue your unfair dismissal application against the respondent. In that event, we would close our file in relation to this matter.

Please do not hesitate to contact me if you have any questions.

• [8] No response from Mr Callaghan was received by my Chambers.

• [9] On 18 August 2025, my Associate attempted to telephone to Mr Callaghan about the matter and was not able to make contact with Mr Callaghan.

• [10] Having regard to all the circumstances, I am satisfied that Mr Callaghan unreasonably failed to attend the directions hearing on 11 August 2025. I am also satisfied that the respondent has made an application to dismiss Mr Callaghan's unfair dismissal application pursuant to s 399A of the Act. Further, in light of Mr Callaghan's unreasonable failure to appear at the directions hearing and his failure to communicate with the Commission about his unfair dismissal application since at least 7 August 2025, I have decided to exercise my discretion pursuant to s 399A(1) of the Act to dismiss Mr Callaghan's unfair dismissal application against the respondent in these proceedings. The application is therefore dismissed.

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