Jasmine Hohepa v LAAS INC

[2023] FWC 309

[2023] FWC 309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Jasmine Hohepa
v

LAAS INC

(U2022/10015)

COMMISSIONER BISSETT MELBOURNE, 7 FEBRUARY 2023

Application for an unfair dismissal remedy

1. On 12 October 2022 Ms Jasmine Hohepa (the Applicant) made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s. 394 of the Fair Work Act 2009 (FW Act). Ms Hohepa advised she was employed by LAAS INC (the Respondent).

1. The matter was listed for a conciliation conference on 13 December 2022. Ms Hohepa did not attend and did not respond despite the conciliator making numerous calls to Ms Hohepa and leaving numerous voicemails.

1. The next day Ms Hohepa sent an email to the Commission advising that she was unable to attend the conciliation due to work commitments.

1. The matter was then re-listed for a conciliation conference on 23 January 2023. On that date Ms Hohepa again failed to attend despite numerous calls. The conciliator also emailed Ms Hohepa on that day to advise that she had not responded to the Commission’s calls and to ask her to provide an explanation for her absence.

1. On 30 January 2023 my chambers sent correspondence to Ms Hohepa advising that due to her failure to attend the conciliation conferences or reply to the Commission’s correspondence, I was considering dismissing her application. Ms Hohepa was directed to provide confirmation of her commencement and cessation date with the Respondent and advise whether she wished to continue her application. Her response was due at 12.00 pm 3 February 2023.

1. No response was received.

1. Section 587 of the FW Act provides:

587     Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

…

(3) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.

1. Ms Hohepa has failed to demonstrate that she has taken any steps to prosecute her unfair dismissal application despite repeated attempts by the Commission to contact her.

1. As Ms Hohepa has failed to prosecute her application, I find that the application has no reasonable prospects of success. Accordingly, the application is dismissed under s.587(1)(c) of the FW Act.

COMMISSIONER

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