s.394 - Unfair dismissal

Application for an unfair dismissal remedy - application dismissed

• [1] Mr Fletcher has filed an unfair dismissal application against the trustee for the Macksville Unit Trust (Respondent).

• [2] Mr Fletcher failed to attend directions hearings, by telephone, before me on 5 and 12 May 2025.

• [3] The Respondent has applied to have Mr Fletcher's unfair dismissal application dismissed on the basis that he unreasonably failed to attend the directions hearings on 5 May and 12 May 2025. Mr Fletcher was given an opportunity to respond to this application. He did not do so.

• [4] I am satisfied that Mr Fletcher has unreasonably failed to attend the directions hearings on 5 and 12 May 2025. Mr Fletcher has not given any indication that he wishes to pursue his unfair dismissal application against the Respondent.

• [5] Having regard to all the circumstances, I consider it appropriate to exercise my discretion under s 399A of the Fair Work Act 2009 (Cth) to dismiss Mr Fletcher's unfair dismissal application against the Respondent.

• [6] Mr Fletcher's unfair dismissal application against the Respondent is dismissed.

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