s.394 - Unfair dismissal

Application for an unfair dismissal remedy - application dismissed

• [1] This decision relates to an unfair dismissal application by Ms Hannah Young pursuant to s.394 of the Fair Work Act 2009 (Cth) against her former employer, the Trustee For The Nextt Health trust.

• [2] On 16 October 2025, I held a directions hearing, by telephone in this matter. Ms Young appeared for herself. Ms Julie Marsh, Chief People Officer of Nextt Health, appeared for the Respondent.

• [3] Shortly after the directions hearing, by telephone, I issued written directions which relevantly required Ms Young to file and serve on Nextt Health the witness statements, documents, and submissions upon which she intended to rely in support of her unfair dismissal application by 4pm on 6 November 2025.

• [4] At 9:50am on 7 November 2025, an email was sent to my Chambers by Ms Marsh, indicating that the Respondent had not received any materials from Ms Young filed in accordance with the directions.

• [5] In response to the email from Ms Marsh, my associate sent the following email to parties at 2:32pm on 7 November 2025:

"I refer to the below email from the respondent which was not copied in to the applicant.

Please be advised that all email communication with our chambers should always be copied to the other side as a matter of standard protocol. The Commission will forward your correspondence to the other party if they have not been copied in.

I confirm that we have not received any materials filed by the applicant in this matter.

I also confirm that I spoke to Ms Young, by telephone, a few moments ago. During the telephone conversation Ms Young stated that she would be seeking an extension of time to file and serve the witness statements, documents and submissions upon which she wishes to rely, and would send an email to all parties to that effect, including any reason why Ms Young has not filed and served any materials in line with the directions issued by the Deputy President on 16 October 2025."

• [6] At 3:54pm on 7 November 2025, my associate sent the following further email to Ms Young:

"Further to my previous email, I refer to the attached directions issued in this matter on 16 October 2025.

In those directions you were directed to file with the Fair Work Commission, and serve on the Respondent, witness statements, documents and submissions you intend to rely on in support of your application in this matter by no later than 4pm on 6 November 2025. No such witness statements, documents and submissions have been filed.

The Deputy President extends the time by which you must file and serve on the Respondent, witness statements, documents and submissions you intend to rely on in support of your application in this matter to no later than 4pm on Monday, 10 November 2025.

If nothing is filed in support of your application by that time, your unfair dismissal application may be dismissed without further notice to you.

If you wish to discontinue (i.e. withdraw) your application, you may do so by stating, in an email in reply to this email, that you wish to discontinue your application against the Respondent. Alternatively, you may wish to call me on the below listed number to discontinue your application over the telephone.

I note that if you do not discontinue your application and the Commission dismisses your application because you have not filed any material in support of your application, a publicly available decision must be published on the Fair Work Commission website. The decision will indicate that you have failed to comply with directions issued by the Commission and that your unfair dismissal application was consequentially dismissed.

The Deputy President grants a similar extension of time to the Respondent to file and serve on Ms Young, witness statements, documents and submissions they intend to rely on to 4pm on Monday 1 December 2025."

• [7] Ms Young again did not file any materials in support of her application, and Ms Young has not made any contact with my Chambers since the telephone conversation with my associate on 7 November 2025.

• [8] In an email received from Ms Marsh at 10:31am on 11 November 2025, Nextt Health made an application under section 399A of the Act to have Ms Young's unfair dismissal application dismissed on the basis that she unreasonably failed to comply with my directions issued on 16 October 2025.

• [9] In an email sent to Ms Young at 11:13am the same day, I directed Ms Young to provide any response that she wished to make to Nextt Health's application to have her unfair dismissal application dismissed by 4pm on 14 November 2025. No response from Ms Young was received by my Chambers.

• [10] Having regard to all the circumstances, I am satisfied that Ms Young unreasonably failed to comply with my directions which were issued in this matter on 16 October 2025. I am also satisfied that the respondent has made an application to dismiss Ms Young's unfair dismissal application pursuant to s 399A of the Act. Further, in light of Ms Young's unreasonable failure to comply with my directions and her failure to communicate with the Commission about her unfair dismissal application since at least 7 November 2025, I have decided to exercise my discretion pursuant to s 399A(1) of the Act to dismiss Ms Young's unfair dismissal application against Nextt Health in these proceedings. The application is therefore dismissed.

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