Maya Walsh v BB Pacifico Pty Ltd

[2024] FWC 2253

[2024] FWC 2253

The attached document replaces the document previously issued with the above code on 22 August 2024.

Minor corrections to punctuation at [3] and [4]. The words ‘in writing’ added after ‘informed’ and the word ‘on’ added after 2pm at [4]

Associate to Deputy President Saunders

Dated 22 August 2024

[2024] FWC 2253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Maya Walsh
v

BB Pacifico Pty Ltd

(U2024/6825)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 22 AUGUST 2024

Unfair dismissal application – application dismissed

1. This decision relates to an unfair dismissal application by Ms Maya Walsh (Applicant) pursuant to s 394 of the Fair Work Act 2009 (Cth) (Act) against her employer, BB Pacifico Pty Ltd (Respondent).

1. The Applicant contends that she was dismissed by the Respondent on 12 June 2024 in contravention of the unfair dismissal provisions under Part 3-2 of the Act. The Respondent objected to the application on the basis that the Applicant’s employment does not meet the minimum employment period.

1. I listed the matter for directions, by telephone, at 9am on 15 August 2024 to make directions in relation to the Respondent’s jurisdictional objection to the application. There was no appearance by or on behalf of the Applicant at the directions hearing.

1. Later, on 15 August 2024, the Applicant was informed, in writing, that the matter had been listed for a further directions hearing, by telephone, at 2pm on Tuesday, 20 August 2024, and if the Applicant did not attend that directions hearing the matter may be dismissed without further prior notice to the Applicant. On 15 August 2024, my Associate attempted, without success, to contact the Applicant by telephone. A message was left for the Applicant to contact my chambers. She did not do so.

1. There was no appearance by or on behalf of the Applicant at the directions hearing on 20 August 2024, nor has the Applicant communicated with the Fair Work Commission since that directions hearing.

1. For the reasons set out above and the failure on the part of the Applicant to take any steps to prosecute her unfair dismissal application, I have decided to exercise my discretion pursuant to s 587(1) of the Act to dismiss the Applicant’s unfair dismissal application against the Respondent in these proceedings. The Applicant’s unfair dismissal application is therefore dismissed.

DEPUTY PRESIDENT

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