Fair Work Act 2009

s.394 - Unfair dismissal

Application for an unfair dismissal remedy - Fair Work Act 2009 (Cth) s.603 - revocation of decision [2022] FWC 196.

• [1] On 6 October 2021, Slavica Popovic (the Applicant) lodged an application with the Fair Work Commission (the Commission) for an unfair dismissal remedy pursuant to s.394 of the Fair Work Act 2009 (the Act) in relation to the termination of her employment by DPG Services Pty Ltd T/A Opal Health Care (the Respondent). The Respondent has subsequently made an application for the matter to be dismissed pursuant to s.399A of the Act.

• [2] On 31 January 2022, the Commission issued a Decision dismissing the application, as the Applicant had failed to respond to Chambers' correspondence directing her to comply with directions.

• [3] Chambers' correspondence may have been confusing with respect to the dates by which compliance was required. Two emails specifically contained incorrect dates that were dated after the Hearing date. I note that the Hearing date itself has remained unchanged since the notice of listing for hearing was first issued on 10 November 2021. In the interests of ensuring procedural fairness is afforded to the Applicant, I thought it appropriate in the circumstances to revoke my decision of 31 January 2022, pursuant to s.603 of the Act. My Chambers wrote to both parties on 31 January 2022 confirming that because of the errors in the communications, the hearing would proceed on 1 February 2022 as listed.

• [4] I thus order that my decision of 31 January 2022 be revoked.

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