s.394 - Unfair dismissal

Application for an unfair dismissal remedy - application dismissed.

[1] On 10 December 2025 Mr Jaia Pritchard (Applicant) made an application pursuant to s.394 of the Fair Work Act 2009, alleging that he had been unfairly dismissed from his employment with Job Futures Ltd.

[2] The matter was listed for conciliation on 27 January 2026. The conciliation did not proceed due to the Applicant's failure to attend. Attempts to contact the Applicant by telephone were unsuccessful, and subsequent correspondence sent to him received no response.

[3] On 10 February 2026, the Commission wrote to the Applicant affording him a final opportunity to respond. He was directed to reply by 12 February 2026 and was advised that, in the absence of a response, his application may be dismissed.

[4] As at the date of this decision, no correspondence has been received from the Applicant.

[5] Section 587 of the Act provides the Commission with a broad discretion to dismiss an application. It reads:

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(c) the application has no reasonable prospects of success.

(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:

[6] Having regard to the Applicant's failure to attend the listed proceeding and his repeated failure to respond to correspondence from the Commission, I am satisfied that he has not demonstrated any intention to pursue his unfair dismissal application. Accordingly, I have determined that the application should be dismissed for want of prosecution pursuant to s.587 of the Act.

[7] An order dismissing the application will be issued with this decision.

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