The applicant demonstrated a consistent lack of commitment to advancing his claim, evidenced by his non-attendance at multiple conciliation conferences, a directions hearing, and a failure to respond to Commission communications. This behaviour obstructed the expeditious resolution of his claim and impeded the Commission’s operational efficiency. Consequently, Senior Commissioner Cosentino issued an order compelling him to show cause for not dismissing his claim.

Initially filing his claim on 14 February 2023, alleging the denial of a contractual benefit by his former employer, the applicant’s lack of engagement became apparent during the scheduled conciliation conferences. Despite agreeing to a rescheduled date of 4 April 2023, he failed to attend, did not respond to the Commission’s inquiries, and failed to comply with directives to explain his absence. Subsequently, a directions hearing was scheduled for 26 April 2023, during which the applicant participated by phone but displayed reluctance to attend in person, citing potential financial loss. Another conciliation conference was set for 15 May 2023, which the applicant failed to attend without notice or explanation.

Due to the applicant’s persistent non-engagement and failure to respond to orders, Senior Commissioner Cosentino dismissed the claim. The decision was grounded in the understanding that allowing the claim to proceed would not be in the public interest, as it would entail a wasteful allocation of resources and cause undue inconvenience to the respondent. Senior Commissioner Cosentino emphasised the importance of parties actively participating in proceedings to ensure the efficient resolution of matters and maintain public confidence in the Commission’s functions. In summary, the applicant’s lack of diligence and participation led to the dismissal of his claim based on its adverse impact on the Commission’s ability to effectively perform its functions.

The decision can be read here.