Commission dismisses unfair dismissal application for want of prosecution

The applicant commenced proceedings in the Commission in 2021 seeking compensation for her dismissal from the respondent.  The respondent denied that the applicant was unfairly dismissed and also initially objected to the jurisdiction of the commission on the basis that it was a National System Employer.  The respondent later withdrew the objection to jurisdictional grounds, and the matter was the subject of conciliation proceedings.  Following the conciliation proceedings, the matter was referred for hearing and determination.

Over the course of several months in 2022, the Commission issued directions for filing witness statements and evidence, setting deadlines and scheduled a hearing to proceed with the matter. Despite multiple reminders and opportunities, the applicant failed to file witness statements, respond to communication regarding her intention to proceed, or attend scheduled hearings. In early 2025 the Commission contacted the parties, informing the applicant that she may discontinue her matter or appear at a hearing to show cause as to why the matter should not be dismissed. 

The applicant did not attend the hearing despite proper notification, and as such Commissioner Walkington considered the applicant had failed to progress her application and did not have sufficient interest in the matter. Accordingly, the application was dismissed.

The decision can be read here