UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

CITATION : 2025 WAIRC 00716

DELIVERED : Friday, 22 August 2025

FILE NO. : U 71 OF 2021

Applicant

AND

Baldjamaar Foundation

Respondent

CatchWords : Industrial Law (WA) - Unfair dismissal - Failure to prosecute application - Insufficient interest - Industrial Relations Act 1979 (WA) s 27(1)(a) - Application dismissed for want of prosecution

Legislation : Industrial Relations Act 1979 (WA)

  Industrial Relations Commission Regulations 2005 (WA)     

Result : Application dismissed for want of prosecution

Representation:

Applicant : No Appearance

Respondent : No Appearance

Reasons for Decision (Given Ex Tempore)

1         Ms Allirra Beth Simpson (Applicant) applied to the Western Australian Industrial Relations Commission (Commission) on 7 September 2021 seeking compensation for her dismissal from Baldjamaar Foundation (Respondent).

2         On 10 September 2021, the Respondent objected to the jurisdiction of the Commission on the basis that it was a National System Employer because it is incorporated and receives its funding from the Commonwealth. The Respondent denies that the Applicant’s dismissal was unfair.

3         On 28 September 2021, the Respondent informed the Commission that it no longer maintained its jurisdictional objection.

4         Following conciliation proceedings, the matter was referred for hearing and determination. On 20 January 2022, the Commission issued Directions to program the matter to hearing.

5         On 2 March 2022, the Applicant informed the Commission that they were waiting on the Respondent to serve its list of documents in accordance with the Directions issued on 20 January 2022. The Applicant’s lawyer advised that following conferral with the Respondent and obtaining instructions from the Applicant, they would revert back to the Commission.

6         On 8 March 2022, the Applicant filed an application for discovery and production of documents.

7         On 22 July 2022, the Commission issued further Directions:

1. THAT evidence in chief in this matter be adduced by signed witness statements which will stand as the evidence in chief on this matter;

2. THAT the applicant file and serve upon the respondent any signed witness statements that they intend to rely, including any documents they intend to submit through that witness by no later than 29 September 2022;

3. THAT the respondent file and serve upon the applicant any signed witness statements that they intend to rely, including any documents they intend to submit through that witness by no later than 27 October 2022;

4. THAT the matter be listed for hearing for 2 days on a date to be fixed; and

5. THAT the parties have liberty to apply on short notice.

8         On 13 October 2022, the Commission emailed the parties noting that the Applicant had not filed any witness statements in accordance with Direction 2 and seeking the Applicant’s intention with respect to progressing her claim.

9         On 7 November 2022, the Commission emailed the parties referring to the previous email and sought the Applicant’s intentions.

10      On 6 February 2025, the Commission emailed the parties noting no communication has been received from the Applicant since the Directions Hearing on 19 July 2022 and informing the Applicant that she may discontinue her matter or the Commission may list her application for a hearing for the Applicant to show cause as to why the matter ought not be dismissed.

11      On 17 February 2025, my Associate called the Applicant and left a voicemail requesting the Applicant return her call. The Applicant has not returned the call.

12      On 5 March 2025, both parties were issued with a Notice of Hearing by email.

13      The Notice of Hearing was posted to both parties on 6 March 2025.

14      Both the email and posted notices notified the Applicant that should she not attend the hearing her application may be dismissed for want of prosecution.

15      The Applicant is not in attendance at this hearing. I am satisfied that the Applicant was properly notified of this hearing in accordance with the Industrial Relations Act 1979 (WA) and the Industrial Relations Commission Regulations 2005 (WA) and this hearing may proceed in her absence.

16      I am satisfied that the Applicant has been given a reasonable opportunity to be heard on why her application ought not be dismissed for want of prosecution. There is an onus on the Applicant to progress her matter, and she has not done so.

17      Given the lack of any communication from the Applicant since July 2022, I consider the Applicant has failed to progress her application and does not have sufficient interest in the matter. As such, I will dismiss the application.