Ivan Abesamis v Neta Care Pty Ltd
[2025] FWC 460
•14 FEBRUARY 2025
| [2025] FWC 460 |
| FAIR WORK COMMISSION |
| DECISION and ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Ivan Abesamis
v
Neta Care Pty Ltd
(U2024/13589)
| DEPUTY PRESIDENT EASTON | SYDNEY, 14 FEBRUARY 2025 |
Application for an unfair dismissal remedy – dismissal under s.587(1)(c) for want of prosecution.
On 14 November 2024, Mr Ivan Abesamis made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
On 3 December 2024 Commission staff were advised that the parties had reached an in-principle agreement to resolve Mr Abesamis’ application.
Since then Mr Abesami has not discontinued their application.
Commission staff sent correspondence and messages to Mr Abesamis on 16 and 17 January 2025 by email and SMS, asking him to respond by 21 January 2025. Mr Abesamis did not respond to these messages.
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 Abesamis has been on notice that their 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 Abesamis’ application for want of prosecution. 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 Ivan Abesamis on 14 November 2024 is dismissed
DEPUTY PRESIDENT
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