s.394 - Unfair dismissal

Application for an unfair dismissal remedy - application to dismiss under s.587 for want of prosecution

• [1] On 26 June 2025, Mr Simon Wills applied to the Commission for an unfair dismissal remedy under section 394 of the Fair Work Act 2009 (the Act). The matter was listed twice for conciliation on 28 July 2025 and on 13 July 2025. On each occasion, Mr Wills failed to attend. On the first occasion, he contacted the Commission after the scheduled conciliation time to advise that he had experienced a 'panic attack' and had 'severe mental health issues'. No medical evidence was provided to the Commission in connection with Mr Wills' mental health condition. On the second occasion, Mr Wills contacted the Commission six minutes before the scheduled conciliation was due to commence to advise that he would not be attending due to mental health. Again, no medical evidence was provided.

• [2] On 2 September 2025, Directions were issued for Mr Wills to file his case by 16 September 2025. Mr Wills did not file any materials and did not contact the Commission to explain the omission. On the morning of 18 September 2025, Mr Wills was given until 4.00pm that day to file his materials but failed to do so.

• [3] On 18 September 2025, Intensive Care at Home Pty Ltd applied for the matter to be dismissed for want of prosecution. On 19 September 2025, the dismissal application was listed for hearing on 20 October 2025.

• [4] The matter proceeded to hearing on 20 October 2025. Mr Wills did not attend. Attempts to contact him were unsuccessful. In the circumstances, I decided to dismiss the application. My reasons are that Mr Wills has not taken any reasonable steps to progress his application since it was lodged on 26 June 2025. Other than general references to a mental health condition on and prior to 13 August 2025, Mr Wills has not contacted the Commission or responded to efforts to contact him, has not filed materials in accordance with directions issued, and in the circumstances, appears to have abandoned his claim.

• [5] The application is dismissed under s.587 of the Act.

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