Danielle Ryan v Australian Marine Conservation Society
[2025] FWC 1989
•11 JULY 2025
| [2025] FWC 1989 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Danielle Ryan
v
Australian Marine Conservation Society
(U2025/726)
| DEPUTY PRESIDENT EASTON | SYDNEY, 11 JULY 2025 |
Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution.
On 21 January 2025, Ms Danielle Ryan made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
On 7 March 2025 the Commission was notified that the parties had reached an in-principle agreement to resolve her application. A conciliation conference scheduled for that day was vacated.
Since then Ms Ryan has not discontinued her application or taken any steps to prosecute her case.
Commission staff asked for updates on 21 March 2025, 8 April 2025 and 27 May 2025. No response has been received.
The matter was listed for a Directions Hearing at 10:00am on 6 June 2025 however Ms Ryan did not attend. My chambers made several attempts to contact Ms Ryan but was not successful.
It appears that Ms Ryan is no longer pursuing her unfair dismissal claim.
Section 587 allows the Commission to dismiss an application on the Commission’s own initiative 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 Ms Ryan has been on notice that her application could be dismissed under s.587, and has had the opportunity to put a case for consideration on all matters material to the decision to dismiss the application.
In the circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Ms Ryan’s application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Danielle Ryan on 21 January 2025 is dismissed.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR789138>
0