s.394 - Application for unfair dismissal remedy

Application for unfair dismissal remedy - no evidence filed in support of application - no attendance by Applicant - Application dismissed

• [1] On 25 December 2024, Mr. Haiyang Liu (Applicant) filed an application for an unfair dismissal remedy pursuant to s.394 of the Fair Work Act 2009 (Cth) (Act). According to the application, the Applicant was employed by Foxville Projects Group (NSW) Pty Ltd (Administrators Appointed) (the Respondent) from 14 March 2024 until his employment was terminated by the Respondent on 16 December 2024.

• [2] The Respondent did not file a response to the application despite being asked to do so by 10 January 2025. Correspondence directed to the Commission by the firm RSM Australia Pty Ltd indicated that administrators have been appointed to the Respondent. The administrators declined to participate in the proceeding.

• [3] The matter was allocated to my Chambers and listed for a directions hearing and a potential member assisted conciliation conference on 18 March 2025. The parties did not attend the conference and only an interpreter, arranged by the Commission at the request of the Applicant, was present. Directions were issued on that day for the filing of material and the matter was listed to be heard on 12 May 2025. According to the first direction made on 18 March, the Applicant was required to file any material on which he intended to rely by no later than 1 April 2025. No material was received from the Applicant by that date.

• [4] On 2 April 2025 my Associate wrote to the parties noting that the Commission was not in receipt of any material from the Applicant. The Applicant was directed to provide material by 4pm on 2 April 2025.

• [5] No response was received from the Applicant to the Commission's direction of 2 April 2025.

• [6] On 6 May 2025, Chambers wrote to the parties again noting that the Applicant had failed to comply with the direction to file material in support of the application and noting that there appeared insufficient evidence for the matter to proceed to hearing. No response was received.

• [7] There has been no explanation from the Applicant as to why the Applicant failed to file evidence and submissions and no request for an extension of time.

• [8] The Applicant failed to appear at the hearing on 12 May 2025.

• [9] Since there is no evidence upon which I can be satisfied that the Applicant was unfairly dismissed within the meaning of s.385 of the Act, the application must be dismissed. An order to that effect will accompany this decision.

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