Katy Somchanmavong v South Western Sydney Hospital
[2025] FWC 1699
•18 JUNE 2025
| [2025] FWC 1699 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Katy Somchanmavong
v
South Western Sydney Hospital
(U2025/3354)
| 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 20 March 2025, Mr Katy Somchanmavong made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
Mr Somchnmavong’s application raised a concern about whether his former employer was a National System Employer.
Commission staff tried to contact Mr Somchanmavong on 24 March, 25 March, 7 April and 13 May 2025 about this concern. Mr Somchanmavong 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 Somchanmavong 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 Somchanmavong’s application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Katy Somchanmavong on 20 March 2025 is dismissed.
DEPUTY PRESIDENT
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