Deacon Steward v ING Bank (Australia) Limited T/A ING Direct

[2024] FWC 2489

[2024] FWC 2489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Deacon Steward
v

ING Bank (Australia) Limited T/A ING Direct

(U2024/8682)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 13 SEPTEMBER 2024

Unfair dismissal application – application dismissed

1. This decision relates to an unfair dismissal application by Mr Deacon Steward (Applicant) pursuant to s 394 of the Fair Work Act 2009 (Cth) (Act) against his employer, ING Bank (Australia) Limited (Respondent).

1. The Applicant contends that he was dismissed by the Respondent on 25 July 2024 in contravention of the unfair dismissal provisions under Part 3-2 of the Act.

1. I listed the matter for directions, by telephone, at 3:15pm on 5 September 2024 to make directions in relation to the Applicant’s unfair dismissal application. There was no appearance by or on behalf of the Applicant at the directions hearing.

1. Later on 5 September 2024, the Applicant was informed, in writing, that the matter had been listed for a further directions hearing, by telephone, at 8:30am on Thursday, 12 September 2024, and if the Applicant did not attend that directions hearing the matter may be dismissed without further prior notice to the Applicant. On 5 September, my Associate attempted, without success, to contact the Applicant by telephone. A message was left for the Applicant to contact my chambers. He did not do so.

1. There was no appearance by or on behalf of the Applicant at the directions hearing on 12 September 2024, nor has the Applicant communicated with the Fair Work Commission since that directions hearing.

1. For the reasons set out above and the failure on the part of the Applicant to take any steps to prosecute his unfair dismissal application, I have decided to exercise my discretion pursuant to s 587(1) of the Act to dismiss the Applicant’s unfair dismissal application against the Respondent in these proceedings. The Applicant’s unfair dismissal application is therefore dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR779190>