Leah McBride v Cranky Health Pty Ltd

[2025] FWC 552

[2025] FWC 552

FAIR WORK COMMISSION

DECISION and ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Leah McBride
v

Cranky Health Pty Ltd

(U2024/13845)

DEPUTY PRESIDENT EASTON SYDNEY, 21 FEBRUARY 2025

Application for an unfair dismissal remedy – dismissal under s.587(1)(c) at the Commission’s initiative for want of prosecution.

1. On 20 November 2024, Mrs Leah McBride made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

1. On 5 December 2024 Commission staff were advised that the parties had reached an in-principle agreement to resolve Mrs McBride’s application.

1. Since then Mrs McBride has not discontinued her application or taken any steps to prosecute her case.

1. Commission staff sent correspondence and messages to Mrs McBride on 3 January 2025, 9 January 2025 and 23 January 2025 about the unfair dismissal application. Mrs McBride has not responded to the Commission’s correspondence.

1. 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]).

1. I am satisfied that Mrs McBride has been on notice that their application could be dismissed under s.587, and that she have had the opportunity to put a case for consideration on all matters material to the making of the decision to dismiss the application.

1. In the circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Mrs McBride’s application.

1. I have therefore decided to make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mrs Leah McBride on 20 November 2024 is dismissed.

DEPUTY PRESIDENT

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