Chris Fletcher v The Trustee for Macksville Unit Trust

[2025] FWC 1386

[2025] FWC 1386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Chris Fletcher
v

The Trustee For Macksville Unit Trust

(U2025/2972)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 20 MAY 2025

Application for an unfair dismissal remedy – application dismissed

1. Mr Fletcher has filed an unfair dismissal application against the trustee for the Macksville Unit Trust (Respondent).

1. Mr Fletcher failed to attend directions hearings, by telephone, before me on 5 and 12 May 2025.

1. The Respondent has applied to have Mr Fletcher’s unfair dismissal application dismissed on the basis that he unreasonably failed to attend the directions hearings on 5 May and 12 May 2025. Mr Fletcher was given an opportunity to respond to this application. He did not do so.

1. I am satisfied that Mr Fletcher has unreasonably failed to attend the directions hearings on 5 and 12 May 2025. Mr Fletcher has not given any indication that he wishes to pursue his unfair dismissal application against the Respondent.

1. Having regard to all the circumstances, I consider it appropriate to exercise my discretion under s 399A of the Fair Work Act 2009 (Cth) to dismiss Mr Fletcher’s unfair dismissal application against the Respondent.

1. Mr Fletcher’s unfair dismissal application against the Respondent is dismissed.

DEPUTY PRESIDENT

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