Fair Work Act 2009

s.394 - Unfair dismissal

Application for an unfair dismissal remedy - application dismissed.

[1] This decision concerns an application lodged by Mr Michael Gill (Applicant) pursuant to s.394 of the Fair Work Act 2009 seeking a remedy in respect of his alleged unfair dismissal from Leaseplus Team Pty Ltd (Respondent).

[2] The matter was listed for Directions Conference on 10 March 2026. The conference did not proceed due to the Applicant's failure to attend. Later that afternoon, the Applicant wrote to the Commission advising that his non-attendance was due to an unexpected family emergency. He further indicated that he was experiencing significant mental health challenges and sought a postponement of the proceedings for a period of three to six weeks.

[3] Having regard to the Applicant's correspondence, the Commission wrote to the parties on 11 March 2026 advising that the matter had been listed for hearing on 4 May 2026. The Commission also amended the previously issued Directions to allow one additional week for each party to file their material.

[4] The Directions required the Applicant to file and serve his submissions, witness evidence and supporting material by 4:00 pm on 25 March 2026. The Applicant failed to comply with those Directions.

[5] On 27 March 2026, the Commission sent correspondence to the Applicant noting his non-compliance and directing him to file the material by 4:00 pm on 30 March 2026. The Applicant was advised that a failure to comply, in the absence of a reasonable explanation, may result in the application being dismissed.

[6] The Applicant did not respond to that correspondence and did not file any material.

[7] Section 587 of the Act confers a broad discretion on the Commission to dismiss an application. It provides:

(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.

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

[8] Having regard to the Applicant's failure to attend the listed conference, his non-compliance with the Directions of the Commission and his failure to provide any further explanation, I am satisfied that the Applicant has not demonstrated an intention to pursue his application. In those circumstances, I have determined that the application should be dismissed for want of prosecution pursuant to s.587 of the Act.

[9] An order dismissing the application will be issued with this decision.

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