Application dismissed following applicant’s failure to prosecute

The applicant filed an unfair dismissal claim against the respondent, which she described as a partnership. The respondent filed response claiming that the applicant had named the employing entity incorrectly and supplying a copy of the trust deed. The respondent also objected to the Commission’s jurisdiction, claiming to be a national system employer.

The Commission contacted the applicant twice seeking her views on the respondent’s jurisdictional objection, to which she did not respond. The Commission then notified the parties that the matter was listed for hearing, including that should the applicant fail to attend, an order may issue dismissing the application.

The applicant did not attend the hearing or provide any reason for failing to respond to requests for information from the Commission. As a result, Commissioner Walkington found the applicant had failed to prosecute her case and dismissed the application.

The decision can be read here