Greentree v Woolworths Limited [2015] FWC 8926

Result

defendant. Application to dismiss refused, but final opportunity direction issued: Ms Greentree directed to file material by 8 January 2016 with warning that failure to comply would result in dismissal...

Key principles

• The Commission has discretion under s 399A of the Fair Work Act 2009 to dismiss an unfair dismissal application where there has been unreasonable non-compliance with directions...
• The starting point for any consideration of an application to dismiss is that an applicant is entitled to have his or her case heard.
• Directions play an important role in case management.
• Only in extreme circumstances should a party be shut out from litigating an issue which is fairly arguable.

Issues before the court

• Whether the Commission should exercise its discretion under s 399A of the Fair Work Act 2009 to dismiss an unfair dismissal application due to...

Cited legislation

2 cited instruments linked from this judgment.