The applicant, a former Recruitment Manager for the Reilly Trust, filed an unfair dismissal application after her dismissal in November 2021. Despite being initially represented, the applicant faced challenges, including a withdrawal of representation and communication issues with the Commission. The respondent objected to the application, citing a delay of 81 days after her dismissal.

Commissioner Walkington and her Chambers staff made several attempts to contact the applicant regarding her application, including emails, voicemails, and notifications of deadlines. However, the applicant did not respond or attend the show cause hearing. Commissioner Walkington emphasised the importance of diligence in prosecuting proceedings and the applicant’s responsibility to adhere to deadlines. Given the significant delay and the lack of a satisfactory explanation, the Commission exercised its powers under s 27(1)(a) of the Industrial Relations Act 1979 (WA) and ordered the dismissal of the applicant’s application.

The decision can be read here.