Ms Yichao Dong v Ku Children's Services
[2024] FWC 1741
•2 JULY 2024
| [2024] FWC 1741 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Ms Yichao Dong
v
Ku Children's Services
(U2024/4615)
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 2 JULY 2024 |
Application for an unfair dismissal remedy
Ms. Yichao Dong (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 KU Children’s Services (respondent) on 23 April 2024 (the application).
The matter was listed for directions on 13 June 2024. The applicant failed to appear at the directions hearing. Directions were made on that date for the filing of material in support of the application by the applicant by no later than Thursday 20 June 2024. 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.
On 28 June 2024, the Respondent applied under s.399A of the Act for the application to be dismissed. On the same day, the applicant was directed to file material in response to the respondent’s application to dismiss the original application by 4pm on Monday 1 July 2024. No response was received from the applicant.
Pursuant to s.399A of the Act, I am satisfied that the Applicant has, on 20 June 2024, unreasonably failed to comply with a direction of the Commission relating to the application.
The application is dismissed under s.399A(1)(b) of the Act.
DEPUTY PRESIDENT
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