s.394 - Unfair dismissal

• [1] On 27 February 2025, Mr Jet Weeks made an application to the Fair Work Commission (the Commission) under s.394 of the Fair Work Act 2009 (the Act), alleging that he had been dismissed from his employment with A&J Communications Pty Ltd (the Respondent) and that his dismissal was harsh, unjust or unreasonable.

• [2] The matter was listed for a staff conciliation on 25 March 2025. Mr Weeks did not attend the conciliation despite numerous attempts by the staff conciliator to contact him without success. On 27 March 2025, a voicemail was left with Mr Weeks asking him to contact the Commission in the event he wished to participate in a conciliation.

• [3] Mr Weeks did not respond, and the matter was allocated to me on 31 March 2025. On 1 April 2024, I issued directions requiring the parties to file material by certain dates and notified the parties of a telephone conference to be convened on 7 April 2025. Mr Weeks did not attend the conference despite multiple attempts to contact him. On account of Mr Weeks' failure to attend the conference, I caused my chambers to issue correspondence to the parties, advising that the conference could not proceed due to Mr Weeks' non-attendance. In this correspondence, I directed Mr Weeks to respond in writing to my chambers by 11 April 2025, advising whether he wished to pursue his unfair dismissal application. I advised the parties that if Mr Weeks failed to respond, the matter would be listed for a non-compliance hearing.

• [4] Mr Weeks did not respond to the correspondence as directed by 11 April 2025. Accordingly, on 14 April 2025, I notified the parties of a non-compliance hearing to be held at 2:00pm on 15 April 2025 by video using Microsoft Teams.

• [5] Mr Weeks did not join the non-compliance hearing on Microsoft Teams. My Associate made attempts to contact Mr Weeks by telephone for the purpose of the non-compliance hearing, however these attempts were unsuccessful. The non-compliance hearing was therefore vacated.

• [6] Section 587 of the Act provides as follows:

(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.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3 2, see section 399A.

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

• [7] Mr Weeks has not communicated or corresponded with the Commission since the filing of his application on 27 February 2025. Numerous attempts have been made to engage Mr Weeks in his application to the Commission.

• [8] The words, "without limiting when the FWC may dismiss an application" at the commencement of s.587(1) of the Act establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in ss.587(1)(a), (b) and (c).

• [9] Considering Mr Weeks' failure to attend the staff conciliation, preliminary conference and non-compliance hearing, and his failure to comply with my direction to advise whether he wishes to pursue his application, I have decided to dismiss Mr Weeks' application pursuant to s.587(3)(a) of the Act for want of prosecution.

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