Kristy Praljak v Mackennal Pty Ltd & K Spradau

[2023] FWC 2687

[2023] FWC 2687

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Kristy Praljak
v

Mackennal Pty Ltd & K Spradau

(U2023/6741)

DEPUTY PRESIDENT DEAN CANBERRA, 16 OCTOBER 2023

Application for an unfair dismissal remedy – application dismissed.

1. Ms Kristy Praljak (Applicant) has made an application for an unfair dismissal remedy pursuant to s.394 of the Fair Work Act 2009. The Applicant was employed by Mackennal Pty Ltd & K Spradau (Respondent) until her employment was terminated on 11 July 2023.

1. The application was listed for hearing on 6 November 2023 and Directions were issued requiring the parties to file material in support of their respective case. The Applicant was directed to file her material by 2 October 2023 but no material or request for an extension were received from her by the stipulated date.

2. On 5 October 2023 the Commission wrote to the Applicant concerning her failure to comply with the Directions. The Applicant was requested to provide a response or file her material by 9:00 am on 6 October 2023. No response was received from her.

1. On 11 October 2023 further correspondence was sent to the Applicant requiring a response by 12 October 2023. The Applicant was advised that a failure to respond may result in her application being dismissed. Again, the Applicant did not contact the Commission nor filed any material in compliance with the Directions.

1. On 13 October 2023 Mr John Wilson of BAL Lawyers acting for the Respondent wrote to the Commission seeking that the application be dismissed on the Commission’s own motion.

1. Section 587 of the Act provides the Commission with a broad discretion to dismiss an application. It 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.

(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or
(b) has no reasonable prospects of success.

(3) FWC may dismiss an application:

(a) on its own initiative; or
(b) on application.

1. I am satisfied that in failing to comply with Directions and failing to respond to the Commission’s correspondence, the Applicant has not demonstrated an intention to pursue her unfair dismissal application. Accordingly, I have decided to dismiss the application for want of prosecution pursuant to s.587 of the Act.

1. An order dismissing the application will be issued with this decision.

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