Fatafehi Fredrick Alipate v John Holland Pty Ltd
[2025] FWC 1710
•18 JUNE 2025
| [2025] FWC 1710 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Fatafehi Fredrick Alipate
v
John Holland Pty Ltd
(U2025/4416)
| DEPUTY PRESIDENT EASTON | SYDNEY, 18 JUNE 2025 |
Application for an unfair dismissal remedy – dismissal under s.587(1)(c) at the Commission’s initiative for want of prosecution.
On 9 April 2025, Mr Fatafehi Fredrick Alipate made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
Mr Alipate’s application raised a concern about whether Mr Alipate’s application was filed within the 21 day time limit.
Commission staff tried to contact Mr Alipate on 29 April and 15 May 2025 about this concern. Mr Alipate 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 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 Mr Alipate has had the opportunity to put a case for consideration on all matters material to the decision to dismiss the application under s.587. In the circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Mr Alipate’s application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Fatafehi Fredrick Alipate on 9 April 2025 is dismissed.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR788329>
0