Kwai Yan Chan v Sun Ho Restaurant Campsie
[2025] FWC 2697
•11 SEPTEMBER 2025
| [2025] FWC 2697 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
s.365—General protections
s.773—Termination of employment
Kwai Yan Chan
v
Sun Ho Restaurant Campsie
(U2025/5306, C2025/3511 and C2025/3513)
| DEPUTY PRESIDENT EASTON | SYDNEY, 11 SEPTEMBER 2025 |
Application for an unfair dismissal remedy, Application to deal with contraventions involving dismissal and Application to deal with an unlawful termination dispute – dismissal under s.587 at the Commission’s initiative for want of prosecution.
On 20 April 2025, Mr Kwai Yan Chan made three simultaneous applications under the Fair Work Act 2009 (Cth) by way of a single email: an unfair dismissal application (s.394), a general protections application involving dismissal (s.365) and an unlawful termination application (s.773) to the Fair Work Commission.
Section 725 of the Fair Work Act 2009 prohibits the making of multiple applications in relation to the same dismissal.
Commission staff tried to contact Mr Chan on 22 May, 27 May, 11 June and 2 July 2025 about his applications by telephone with an interpreter, email and SMS. Mr Chan has not responded to the Commission’s inquiries.
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 Chan has had the opportunity to put a case for consideration on all matters material to the decision to dismiss the applications under s.587. In the circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Mr Chan’s applications. I make the following order:
A.The applications under s.394, s.365 and s.773 of the Fair Work Act 2009 (Cth) made by Mr Kwai Yan Chan on 20 April 2025 are dismissed.
DEPUTY PRESIDENT
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