Jean-Louise Cook v Stephanie Ridge Muir

[2024] FWC 2017

[2024] FWC 2017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365—General protections

Jean-Louise Cook
v

Stephanie Ridge Muir

(C2024/4110)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 30 JULY 2024

General protections application – application dismissed

1. This decision relates to a general protections application by Ms Jean-Louise Cook (Applicant) pursuant to s 365 of the Fair Work Act 2009 (Cth) (Act) against her employer, Stephanie Ridge Muir (Respondent).

1. The Applicant contends that she was dismissed by the Respondent on 1 June 2024 in contravention of the general protections provisions of the Act. The Respondent objected to the application on the basis that the Applicant was not dismissed.

1. I listed the matter for directions, by telephone at midday on 16 July 2024 to make directions in relation to the Respondent’s jurisdictional objection to the application. There was no appearance by or on behalf of the Applicant at the directions hearing.

1. Later, on 16 July 2024, the Applicant was informed that the matter had been listed for a further directions hearing, by telephone, at 9am on 24 July 2024, and if the Applicant did not attend that directions hearing the matter may be dismissed without further prior notice to the Applicant. On 23 July 2024, my Associate attempted, without success, to contact the Applicant by telephone. A message was left for the Applicant to contact my chambers. She did not do so.

1. There was no appearance by or on behalf of the Applicant at the directions hearing on 24 July 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 her general protections application, I have decided to exercise my discretion pursuant to s 587(1) of the Act to dismiss the Applicant’s general protections application against the Respondent in these proceedings. The Applicant’s general protections application is therefore dismissed.

DEPUTY PRESIDENT

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