Mrs Anna Lonsdale-Stevis v Hunters Hill High School P&C Association Summary

[2024] FWC 1597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Mrs Anna Lonsdale-Stevis
v

Hunters Hill High School P&C Association

(U2024/4920)

DEPUTY PRESIDENT ROBERTS

SYDNEY, 19 JUNE 2024

Application for an unfair dismissal remedy – failure to comply with directions

Ms. Anna Lonsdale-Stevis (applicant) filed an application for an unfair dismissal remedy pursuant to s.394 of the Fair Work Act 2009 (Cth) (the Act) against her former employer Hunters Hill High School P&C Association Incorporated (respondent) on 1 May 2024 (the application).

The matter was listed for directions on 3 June 2024. The applicant failed to appear at the directions hearing. Directions were made on that date for the filing of material by the applicant by no later than Monday 17 June 2024 in support of the application. No material was received.

There has been no contact by the Applicant and no attempt to explain the failure to comply with the Commission’s directions. After the deadline for the filing of the Applicant’s material on 17 June 2024 had passed, the Respondent applied under s.399A of the Act for the application to be dismissed.

On 18 June the applicant was directed to file any material in response to the respondent’s application to have the application dismissed by 3pm on that day. No response was received.

Pursuant to s.399A of the Act, I am satisfied that the Applicant has, on 17 June 2024, unreasonably failed to comply with a direction of the Commission relating to the application.

The application is dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mrs Anna Lonsdale-Stevis filed an application for an unfair dismissal remedy against her former employer, Hunters Hill High School P&C Association, pursuant to section 394 of the Fair Work Act 2009. The applicant sought to address what she perceived as an unfair dismissal from her employment with the association. The matter was scheduled for a directions hearing on 3 June 2024, where directions were issued for the applicant to file supporting material by 17 June 2024. However, the applicant failed to appear at the directions hearing and subsequently did not comply with the directions issued by the Commission. The association subsequently applied for the dismissal of the application under section 399A of the Act due to the applicant's failure to comply with the Commission’s directions.

The primary legal issue before the Deputy President was whether the applicant had unreasonably failed to comply with a direction of the Commission, warranting the dismissal of her application. The Commission had issued clear directions for the filing of supporting material by a specific date, and the applicant did not comply with these directions nor did she provide any explanation for her failure to do so. The association argued that the applicant's non-compliance constituted an unreasonable failure to adhere to the Commission’s directions.

In evaluating the matter, the Deputy President considered the procedural requirements outlined in the Fair Work Act and the specific directions that had been issued. The applicant's absence from the directions hearing and the subsequent failure to file the required material by the specified deadline were deemed unreasonable. Given the lack of any attempt by the applicant to contact the Commission or provide an explanation for her non-compliance, the Deputy President concluded that the applicant had unreasonably failed to comply with the Commission’s direction. Consequently, the application for an unfair dismissal remedy was dismissed.

The dismissal of the application for an unfair dismissal remedy is final, and no further action can be taken by the applicant in relation to this matter. The respondent’s application to dismiss the proceedings was granted, and the case is closed.

Mrs Anna Lonsdale-Stevis v Hunters Hill High School P&C Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established