Lisa Bartolo v Barwon Commercial Cleaning Pty Ltd

[2024] FWC 2161

[2024] FWC 2161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Lisa Bartolo
v

Barwon Commercial Cleaning Pty Ltd

(U2024/4545)

COMMISSIONER TRAN MELBOURNE, 14 AUGUST 2024

Application for an unfair dismissal remedy – application dismissed under s 587

1. On 21 April 2024, Ms Bartolo applied for an unfair dismissal remedy under s 394 of the Fair Work Act 2009 (the Act) in relation to the termination of her employment with Barwon Commercial Cleaning Pty Ltd (the Employer).

1. The Commission can dismiss an application on its own initiative under s 587 of the Act if an application is not made in accordance with the Act, it is frivolous or vexatious or if it has no reasonable prospects of success. But these grounds do not limit the Commission’s power to dismiss an application, and the Commission can also dismiss an application where

“an applicant’s conduct clearly demonstrates an unwillingness to participate in proceedings commenced at his or her initiative.”[1]

1. I am satisfied that Ms Bartolo has demonstrated that she does not intend to prosecute her application. This is because she failed to attend a conciliation before a staff member, failed to attend a case management conference before me, failed to comply with my Directions and has not responded to multiple telephone calls and emails of the Commission. She has not provided any reasons for her non-compliance despite receiving ample communication and opportunity.

1. On 12 August 2024, my Chambers emailed Ms Bartolo. The email set out the above failures, warned her that her application was likely to be dismissed and provided her with a further opportunity to explain her failures and indicate that she wished to continue with her application. She did not do so.

1. Ms Bartolo has made this application but has neglected to participate in any aspect of it beyond filing the initial Form F2. I am satisfied that she has failed to prosecute her application and dismiss it.

Order

1. For the above reasons, I order that the application for an unfair dismissal remedy filed by Ms Lisa Bartolo on 21 April 2024 be dismissed under s 587 of the Act.

COMMISSIONER

[1] Viavattene v Health Care Australia[2013] FWCFB 2532 at [39].

Printed by authority of the Commonwealth Government Printer

<PR778312>