The applicant lodged a claim with the Commission in February 2022, alleging unfair dismissal by the respondent. The respondent contested the claim, asserting the dismissal was fair in the circumstances.  A conciliation conference was scheduled for April 2022, with both parties notified. The respondent expressed concerns about attending in person and was granted permission to participate remotely. However, both parties ultimately failed to attend the scheduled conference. Subsequent attempts by the Commission to contact the applicant, including emails, telephone calls, and posted letters, were unsuccessful. The applicant did not respond to requests to clarify their intentions or to progress the matter.

After notifying both parties, a show cause hearing was scheduled for September 2025. The applicant did not attend the hearing, and the respondent, having been advised attendance was not required, also did not appear. The Commission was satisfied that the applicant had been given reasonable opportunity to be heard and to show cause why the application should not be dismissed for want of prosecution.

Commissioner Walkington found that the applicant had failed to progress the application and demonstrated insufficient interest in the matter. In light of the prolonged lack of communication and engagement, the Commissioner determined that the applicant had not discharged the onus to advance their claim. Accordingly, the application was dismissed for want of prosecution.

 

The decision can be read here.