s.394 - Unfair dismissal

Application for an unfair dismissal remedy - s.399A dismissal

• [1] On 8 April 2025, Ms Jaime Hawthorn applied for an unfair dismissal remedy under s.394 of the Fair Work Act 2009 (Cth) (the Act) in relation to her former employment with Sureway Employment and Training Pty Ltd (Sureway).

• [2] On 11 June 2025, Sureway applied under s.399A of the Act for the application to be dismissed.

• [3] Section 399A of the Act permits the Commission to dismiss an application for an unfair dismissal remedy if the applicant has unreasonably failed to comply with a direction of the Commission relating to the application, or has failed to attend a conference conducted by the Commission in relation to the application.

1. On 14 May 2025, I issued Directions and a Notice of Listing to the parties. Among other things, the Directions required Ms Hawthorn to:
   1. file and serve an outline of submissions, any witness statements and other evidentiary material on which she wished to rely by 4.00pm on 28 May 2025, and
   2. attend a conciliation conference on at 10.00am on 3 June 2025.

1. Ms Hawthorn did not file any materials by 28 May 2025. On 2 June 2025, Chambers sent an email to Ms Hawthorn reminding her of her overdue materials and directing Ms Hawthorn to file and serve her materials by 4.00pm on 2 June 2025. Ms Hawthorn did not respond or file any materials by the extended filing date.

1. The matter was listed for a conciliation conference at 10.00am on 3 June 2025. Ms Hawthorn did not attend. Prior to the start of the conference, Chambers attempted without success to contact Ms Hawthorn by leaving two voicemails and sending her an email with the link to join the conference.

1. There has been no further response from Ms Hawthorn in connection with the progress of her case since 3 June 2025.

• [5] In the circumstances, including the absence of any explanation for her conduct despite the opportunity provided, I am satisfied that Ms Hawthorn has unreasonably:
  1. failed to comply with directions of the Commission, and
  2. failed to attend a conference conducted by the Commission relating to the application.

• [6] Application U2025/4352 is dismissed under s.399A.

Printed by authority of the Commonwealth Government Printer