David Garland v Parklo Pty Ltd T/A Francis Phillip Motor Inn
[2025] FWC 542
•21 FEBRUARY 2025
| [2025] FWC 542 |
| FAIR WORK COMMISSION |
| DECISION and ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
David Garland
v
Parklo Pty Ltd T/A Francis Phillip Motor Inn
(U2024/6782)
| 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.
On 13 June 2024, Mr David Garland made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
On 2 August 2024 Commission staff were advised that the parties had reached an in-principle agreement to resolve Mr Garland’s application.
Since then Mr Garland has not discontinued his application or taken any steps to prosecute his case.
Commission staff sent correspondence and messages to Mr Garland on 22 August 2024, 3 September 2024 and 21 January 2025 about the unfair dismissal application. Mr Garland 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. 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 Garland has been on notice that his application could be dismissed under s.587, and that they have had the opportunity to put a case for consideration on all matters material to the making of 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 Mr Garland’s application.
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 David Garland on 13 June 2024 is dismissed.
DEPUTY PRESIDENT
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