s.394 - Application for unfair dismissal remedy

Application for an unfair dismissal remedy - failure to comply with directions - failures to attend listings - s 399A - Application dismissed.

[1] On 10 November Mr Joshua Pearce applied pursuant to Section 394 of the Fair Work Act 2009 for an unfair dismissal remedy. Mr Pearce was employed by Wyong Golf Club Ltd from 12 August 2024 to 21 October 2025.

[2] The Fair Work Commission scheduled a conciliation in Mr Pearce's matter on 8 December 2025. No conciliation took place that day and the parties asked the matter be progressed to hearing. Directions for a hearing of the matter were issued on 19 January 2026. A Notice of Listing was also sent to Mr Pearce on 19 January 2026. Mr Pearce failed to comply with Directions that he file material in support of his case. Mr Pearce failed to attend the hearing on 5 March 2026.

[3] At the commencement of the hearing the Respondent made application to have the matter dismissed pursuant to s399A(2) that the application be dismissed. Section 399A empowers the Commission to dismiss an application for an unfair dismissal remedy if it satisfied that the applicant has unreasonably failed to attend a conference or failed to comply with a direction in the matter.

[4] Given Mr Pearce's request that the matter be progressed to hearing then unreasonable failure to comply with the Directions and failure to attend the hearing I am satisfied that the application should be dismissed pursuant to s 399A.

[5] Mr Pearce's application for an unfair dismissal remedy is dismissed.

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