Mouna Issa v Marist180
[2025] FWC 3015
•9 OCTOBER 2025
| [2025] FWC 3015 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Mouna Issa
v
Marist180
(U2025/8853)
| DEPUTY PRESIDENT EASTON | SYDNEY, 9 OCTOBER 2025 |
Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution.
On 22 May 2025, Miss Mouna Issa made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
The information provided in Miss Issa’s application raised a concern about whether the application was filed within the 21 day time limit.
Commission staff tried to contact Ms Issa on 24 June, 5 August, 6 August, 5 September and 8 September 2025 about this concern by telephone, email and SMS.
On 5 August and 6 August 2025 Ms Issa sent emails advising that she had not received the earlier emails from the Commission. The earlier emails were resent as well as an SMS to alert Miss Issa that there is an important email sent and to check her junk/spam folders.
To date no response has been received.
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 Miss Issa has had the opportunity to put a case for consideration on all matters material to the decision to dismiss the application under s.587. In the circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Miss Issa’s application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Miss Mouna Issa on 22 May 2025 is dismissed.
DEPUTY PRESIDENT
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