Jana Baalbaki v NAB
[2025] FWC 2259
•1 AUGUST 2025
| [2025] FWC 2259 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Jana Baalbaki
v
NAB
(U2025/5719)
| DEPUTY PRESIDENT EASTON | SYDNEY, 1 AUGUST 2025 |
Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution.
On 8 May 2025, Ms Jana Baalbaki made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
The information provided in Ms Baalbaki’s application raised a concern about whether the application was filed within the 21 day time limit.
Commission staff tried to contact Ms Baalbaki on 21 May and 3 June 2025 about this concern by email and SMS. Ms Baalbaki 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 Ms Baalbaki 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 Ms Baalbaki’s application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Jana Baalbaki on 8 May 2025 is dismissed.
DEPUTY PRESIDENT
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