s.394 - Unfair dismissal

Application for an unfair dismissal remedy - application dismissed

[1] This decision relates to an unfair dismissal application by Mr Noah Richardson pursuant to s.394 of the Fair Work Act 2009 (Cth) against his former employer, Cessnock KTM Pty Ltd.

[2] On 19 January 2026, I held a determinative conference in this matter. There was no appearance by or on behalf of Mr Richardson. Mr Chris Watson, director of KTM, appeared for the Respondent. KTM subsequently made an application pursuant to section 399A of the Act to have Mr Richardson's unfair dismissal application dismissed on the basis that he unreasonably failed to attend the determinative conference.

[3] At 11:19am on 19 January 2026, my Associate sent the following email to Mr Richardson:

U2025/5165 - Mr Noah Richardson v Cessnock KTM PTY LTD

In accordance with what was discussed at the directions hearing on 9 December 2025 and the notice of listing we sent to you on 9 December 2025, your unfair dismissal case against Cessnock KTM Pty Ltd was listed for determinative conference before Deputy President Saunders today.

Mr Chris Watson appeared for Cessnock KTM Pty Ltd at the determinative conference this morning. There was no appearance by you. We tried to call you, but you did not answer your phone.

Cessnock KTM Pty Ltd has made an application to have your unfair dismissal application dismissed on the basis that you unreasonably failed to attend the determinative conference before the Fair Work Commission today.

Deputy President Saunders directs you to file in the Fair Work Commission and serve on Cessnock KTM Pty Ltd, by 4pm on 22 January 2026, any submissions you wish to make in response to the application by Cessnock KTM Pty Ltd to have your unfair dismissal application dismissed on the basis that you unreasonably failed to attend the determinative conference before the Fair Work Commission today. If we do not hear from you by 4pm on 22 January 2026, your unfair dismissal application will be dismissed.

Please contact me if you have any questions in relation to this matter."

[4] No response from Mr Richardson has been received by my Chambers.

[5] Having regard to all the circumstances, I am satisfied that Mr Richardson unreasonably failed to attend a determinative conference before the Commission. I am also satisfied that the respondent has made an application to dismiss Mr Richardson's unfair dismissal application pursuant to s.399A of the Act. Further, in light of Mr Richardson's unreasonable failure to attend the determinative conference, I have decided to exercise my discretion pursuant to s.399A(1) of the Act to dismiss Mr Richardson's unfair dismissal application against KTM in these proceedings. The application is therefore dismissed.

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