Caleb Kokkin v JGP Electrical CQ Pty Ltd
[2025] FWC 629
•28 FEBRUARY 2025
| [2025] FWC 629 |
| FAIR WORK COMMISSION |
| DECISION and ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Caleb Kokkin
v
JGP Electrical CQ Pty Ltd
(U2024/15440)
| DEPUTY PRESIDENT EASTON | SYDNEY, 28 FEBRUARY 2025 |
Application for an unfair dismissal remedy – dismissal under s.587(1)(c) at the Commission’s initiative for want of prosecution.
On 21 December 2024, Mr Caleb Kokkin made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
Mr Kokkin’s application was filed outside the 21 day time limit. Commission staff tried to contact Mr Kokkin on 23 January and 17 February 2025 about this concern by email and SMS. Mr Kokkin 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 Kokkin 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 Kokkin’s application. I make the following order:
1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Caleb Kokkin on 21 December 2024 is dismissed.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR784890>
0