s.394 - Application for unfair dismissal remedy

Unfair dismissal application - applicant failed to attend two proceedings without explanation - employer s.399A dismissal application - unfair dismissal application dismissed

[1] Kevin Ngo filed an unfair dismissal application on 27 August 2025 in relation to his dismissal from employment with Your Style Building Services Pty Ltd (Your Style Building) on 22 August 2025.

[2] A conciliation conference was listed with a staff conciliator on 2 October 2025. Mr Ngo failed to attend the conciliation conference without explanation.

[3] I listed a Mention/Directions hearing on 13 January 2026 via video. Mr Ngo failed to attend the hearing without explanation and did not respond to contact from my chambers.

[4] Your Style Building filed an application for Mr Ngo's unfair dismissal application to be dismissed pursuant to s.399A of the Fair Work Act 2009 (FW Act) on 14 January 2026 on the ground that Mr Ngo has failed to attend two proceedings.

[5] An email was sent from my chambers to Mr Ngo on 15 January 2026 which provided Mr Ngo with an opportunity to file evidence and submissions in response to the s.399A dismissal application by 5:00pm on Tuesday, 20 January 2026. Mr Ngo did not respond to this email and did not file any material.

[6] I am satisfied that the discretion to dismiss Mr Ngo's application under s.399A of the FW Act is enlivened because Mr Ngo has unreasonably failed to attend two proceedings without explanation.

[7] I am satisfied that it is appropriate to dismiss Mr Ngo's application pursuant to s.399A of the FW Act. Mr Ngo has unreasonably failed to attend two proceedings without explanation and has not provided any material in response to Your Style Building's dismissal application. Your Style Building has wasted time and resources attending two proceedings in relation to Mr Ngo's application. It is not fair or reasonable for Your Style Building to be required to continue defending the unfair dismissal application.

[8] Mr Ngo's unfair dismissal application is dismissed.

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