Mrs Douha Hamdouch v Islamic Womens Association of Australia
[2025] FWC 920
•2 APRIL 2025
| [2025] FWC 920 |
| FAIR WORK COMMISSION |
| DECISION and ORDER |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Mrs Douha Hamdouch
v
Islamic Womens Association Of Australia
(U2024/15145)
| DEPUTY PRESIDENT EASTON | SYDNEY, 2 APRIL 2025 |
Application for an unfair dismissal remedy – dismissal under s.587(1)(c) at the Commission’s initiative for want of prosecution.
On 16 December 2024, Mrs Douha Hamdouch made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
Mrs Hamdouch did not attend her telephone conciliation that was scheduled for 12 February 2025.
Commission staff tried to contact Mrs Hamdouch on 21 January, 7 February and 28 February 2025 by telephone, email and SMS about whether she wants to continue her unfair dismissal claim. Mrs Hamdouch has not responded to the Commission’s correspondence.
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 Mrs Hamdouch 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 Mrs Hamdouch’s application. I make the following order:
1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mrs Douha Hamdouch on 16 December 2024 is dismissed.
DEPUTY PRESIDENT
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