s 394 - Unfair dismissal

Application for an unfair dismissal remedy- dismissal under s.587(1)(c) at the Commission's initiative for want of prosecution.

• [1] On 2 December 2024, Mr Gavin Morris (the Applicant) made an unfair dismissal application to the Fair Work Commission under s 394 of the Fair Work Act 2009 (Cth) (the Act).

• [2] On 28 January 2025, Commission staff emailed parties to notify them that the matter was listed for telephone conciliation on 1:15PM (Queensland Time) on 17 February 2025.

• [3] On 14 February 2025, Commission staff sent SMS reminders regarding the conciliation.

• [4] Mr Morris did not attend the telephone conciliation conference on 17 February 2025.

• [5] Commission staff tried to contact the Applicant about whether he wished to continue his unfair dismissal application on the following dates:

• 17 February 2025 by email and telephone;
• 27 February 2025 by email and express post; and
• 19 March 2025 by email and text message.

• [6] The email from Deputy President Easton's Chambers dated 19 March 2025 put the Applicant on notice that the Commission was considering dismissing his application and required the Applicant to respond by 4:00PM on 28 March 2025.

• [7] The Applicant has not responded to the Commission's correspondence.

• [8] Section 587 of the Act allows the Commission to dismiss an application on the Commission's own initiative in the early stages of the proceedings for want of prosecution. If an applicant's conduct or omissions show that they are no longer willing to participate in their own case the Commission is not required to persevere with the application (see Viavattene v Health Care Australia [2013] FWCFB 2532 at [39]).

• [9] I am satisfied that the Applicant has had the opportunity to put a case for consideration on all matters material to the decision to dismiss the application under s 587. In the circumstances, I am satisfied that the facility under s 587 can and should be engaged to dismiss the application. I make the following order:

1. The application under s 394 of the Fair Work Act 2009 (Cth) made by Mr Gavin Morris on 2 December 2024 is dismissed.

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