Fair Work Act 2009

s.394 - Unfair dismissal

Application for an unfair dismissal remedy - dismissal under s.587(1)(c) at the Commission's initiative for want of prosecution.

• [1] On 2 December 2024, Ms Maria Marques made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

• [2] Ms Marques advised Commission staff that her former employer, Noni B Holdings Pty Limited, was in voluntary administration. Since then Ms Marques has not taken steps to progress her unfair dismissal claim.

• [3] Section 587 allows the Commission to dismiss an application on the Commission's own initiative in the early stages of the proceedings for want of prosecution. If an applicant's conduct or omissions show that they are no longer willing to participate in their own case the Commission is not required to persevere with the application (see Viavattene v Health Care Australia [2013] FWCFB 2532 at [39]).

• [4] I am satisfied that Ms Marques has had the opportunity to put a case for consideration on all matters material to the decision to dismiss the application under s.587. In the circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Ms Marques' application. I make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Maria Marques on 2 December 2024 is dismissed.

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