Fair Work Act 2009

s.394 - Unfair dismissal

Application for an unfair dismissal remedy - application dismissed under s.587.

• [1] On 14 January 2025 Ms Tegan Morison (Applicant) made an application pursuant to s.394 of the Fair Work Act 2009 alleging that she had been unfairly dismissed from her employment with The Trustee For The Berida Hotel Trust.

• [2] The matter was listed for conciliation on 11 March 2025. The conciliation did not take place as the Applicant did not attend. The Applicant was not able to be contacted by telephone and did not contact the Commission about her non-appearance.

• [3] On 18 March 2025, correspondence was sent to the Applicant about her failure to attend conference and to respond to the Commission correspondence. The Applicant was directed to advise the Commission by 21 March 2025 if she intended to continue with the application. The Applicant did not respond to this correspondence.

• [4] On 24 March 2025 further correspondence was sent to the Applicant allowing her a final opportunity to respond. The Applicant was required to respond by 26 March 2025 and was advised that a failure to make contact with the Commission may result in her application being dismissed.

• [5] No correspondence has been received from the Applicant to this date.

• [6] Section 587 of the Act provides the Commission with a broad discretion to dismiss an application. It reads:

(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:

• [7] The Applicant has made no contact with the Commission since lodging the application on 14 January 2025. I am satisfied, on the basis of the Applicant's failure to attend the Commission proceedings and respond to the Commission's correspondence, that the Applicant has not demonstrated an intention to pursue her unfair dismissal application. Accordingly, I have decided to dismiss the application for want of prosecution pursuant to s.587 of the Act.

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

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