Adam Capella v Princess Alexandra Hospital
[2025] FWC 2745
•12 SEPTEMBER 2025
| [2025] FWC 2745 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Adam Capella
v
Princess Alexandra Hospital
(U2025/11713)
| DEPUTY PRESIDENT EASTON | SYDNEY, 12 SEPTEMBER 2025 |
Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution.
On 15 July 2025 Mr Adam Capella made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
The Form F3 response filed by Princess Alexandra Hospital raised a jurisdiction objection that Mr Capella was not a national system employee.
Commission staff tried to contact Mr Capella on 13 August, 26 August and 5 September 2025 about this concern.
On 13 and 15 August 2025 Mr Capella left voice messages to call as he has some questions. Commission staff called on 26 August 2025 and left a voice message to say an email will be sent regarding the concern.
On 26 June 2025, an email was sent to Mr Capella in relation to whether his former employer was a National System Employer and he was required to respond by 2 September 2025. Mr Capella was advised that his application may be dismissed without further notice if he did not respond. An SMS was also sent to Mr Capella telling him that an important email had been sent.
Mr Capella has not responded to the Commission’s correspondence.
Section 587 allows the Commission to dismiss an application on the Commission’s own initiative in the early stages of the proceedings for want of prosecution. If an applicant’s conduct or omissions show that they are no longer willing to participate in their own case the Commission is not required to persevere with the application (see Viavattene v Health Care Australia [2013] FWCFB 2532 at [39]).
I am satisfied that Mr Capella has had the opportunity to put a case for consideration on all matters material to the decision to dismiss the application under s.587. In the circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Mr Capella’s application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Adam Capella on 15 July 2025 is dismissed.
DEPUTY PRESIDENT
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