Melissa Howard v Mindchamps Early Learning 7 Pty. Limited

[2023] FWC 2275

[2023] FWC 2275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Melissa Howard
v

Mindchamps Early Learning 7 Pty. Limited

(U2023/5436)

COMMISSIONER MCKINNON SYDNEY, 7 SEPTEMBER 2023

Application for an unfair dismissal remedy

1. On 19 June 2023, Ms Melissa Howard applied for an application for an unfair dismissal remedy under s.394 of the Fair Work Act 2009 (the Act).

1. The matter was listed for staff conciliation on 20 July 2023. Ms Howard did not attend the staff conciliation.

1. On 7 August 2023, Directions were issued for the filing of materials. The matter was listed for conciliation before a Member of the Commission on 29 August 2023, and if necessary, for hearing on 19 September 2023. Ms Howard did not file any materials in accordance with the Directions and the Commission’s attempts to contact Ms Howard went unanswered.

1. On 29 August 2023, there was no appearance for Ms Howard at the conciliation scheduled at 10.00am that day. Ms Howard did not respond to multiple attempts to contact her for the purpose of the conciliation. The same day, I wrote to Ms Howard indicating my preliminary view that the matter should be dismissed under s.587 of the Act. A response was sought by Tuesday, 5 September 2023 but none was provided.

1. Ms Howard has not taken any reasonable steps to progress her application since it was filed on 19 June 2023. In the circumstances, the appropriate course is to dismiss the application for want of prosecution under s.587 of the Act. The application is dismissed.

COMMISSIONER

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