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 4 February 2025, Ms Jacinta Holzigal made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

• [2] Ms Holzigal did not attend a telephone conciliation conference scheduled for 28 February 2025.

• [3] Commission staff tried to contact Ms Holzigal on 28 February, 4 March, 5 March and 14 March 2025 by telephone, email and SMS about whether she wants to continue her unfair dismissal claim. Ms Holzigal has not responded to the Commission's correspondence.

• [4] Section 587 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]).

• [5] I am satisfied that Ms Holzigal 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 Ms Holzigal's application. I make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Jacinta Holzigal on 4 February 2025 is dismissed.

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