Benjamin Jackson v Ian Boileau

[2025] FWC 545

[2025] FWC 545

FAIR WORK COMMISSION

DECISION and ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Benjamin Jackson
v

Ian Boileau

(U2024/12691)

DEPUTY PRESIDENT EASTON SYDNEY, 21 FEBRUARY 2025

Application for an unfair dismissal remedy – dismissal under s.587(1)(c) at the Commission’s initiative for want of prosecution.

1. On 24 October 2024, Mr Benjamin Jackson made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

1. A conciliation conference was scheduled on 15 November 2024, Mr Jackson did not attend at the listed time.

1. Since then Mr Black has not responded to any of the Commission’s attempts to contact him or taken any steps to prosecute his/her case.

1. 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]).

1. I am satisfied that Mr Jackson has had the opportunity to put a case for consideration on all matters material to the making of the decision to dismiss the application under s.587.

1. In the circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Mr Jackson’s application.

1. I have therefore decided to make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Benjamin Jackson on 24 October 2024 is dismissed.

DEPUTY PRESIDENT

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