| [2024] FWC 710 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Codee Mcmahon
v
Macksville Pre-School Childcare Centre Ltd
(U2024/1893)
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 19 MARCH 2024 |
Application for an unfair dismissal remedy – application dismissed
This decision relates to an unfair dismissal application by Ms Codee Mcmahon pursuant to s 394 of the Fair Work Act 2009 (Cth) (Act) against her former employer, Macksville Pre-School Childcare Centre Ltd.
It was not disputed between the parties that Ms Mcmahon’s dismissal took effect on 10 March 2023. Ms Mcmahon’s unfair dismissal application was filed on 21 February 2024, 348 days after her dismissal took effect. Ms Mcmahon sought an extension of time to lodge her unfair dismissal application in the Fair Work Commission.
On 12 March 2024, the parties participated in a directions hearing by telephone. Both parties confirmed that they were available to participate in a hearing, by telephone, on 14 March 2024 in relation to Ms Mcmahon’s request for an extension of time. There was no appearance by or on behalf of Ms Mcmahon at the extension of time hearing, by telephone, on 14 March 2024. Ms Mcmahon was given an opportunity to provide reasons for her failure to appear at the extension of time hearing by 4pm on Friday, 15 March 2024, and was put on notice that her unfair dismissal application would be dismissed if she failed to provide an explanation. Ms Mcmahon did not take up that opportunity. On 19 March 2024, several attempts were made to contact Ms Mcmahon by telephone. Despite these efforts, Ms Mcmahon has not made any contact with the Commission.
I have decided to exercise my discretion pursuant to s 587(1) of the Act to dismiss Ms Mcmahon’s unfair dismissal application against the respondent in these proceedings because Ms Mcmahon failed to attend the extension of time hearing on 14 March 2024 and she has not taken any steps since 12 March 2024 to indicate that she wishes to pursue her unfair dismissal application against the respondent. Ms Mcmahon’s unfair dismissal application is therefore dismissed.
DEPUTY PRESIDENT
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- AGLC
- Codee Mcmahon v Macksville Pre-School Childcare Centre Ltd [2024] FWC 710
- Case
- [2024] FWC 710
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved whether Ms. Mcmahon's application was time-barred and whether the Commission should exercise its discretion to dismiss the application under section 587(1) of the Fair Work Act 2009 due to her non-attendance at the scheduled hearing and lack of communication. The central concern was whether the procedural requirements were met, specifically the requirement for timely filing and participation in the Commission's process.
In dismissing the application, the Deputy President noted Ms. Mcmahon's failure to attend the hearing on 14 March 2024 and her subsequent inaction to provide reasons for her absence or to pursue the application. The Deputy President concluded that Ms. Mcmahon had not taken any steps to indicate her intent to continue with the proceedings since the directions hearing on 12 March 2024. Consequently, the Deputy President exercised their discretion to dismiss the unfair dismissal application under section 587(1) of the Act. This decision effectively ended Ms. Mcmahon's attempt to seek a remedy for her dismissal through the Fair Work Commission.
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