Phillip Peel v International Multitrade Pty Ltd
[2025] FWC 865
•27 MARCH 2025
| [2025] FWC 865 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Phillip Peel
v
International Multitrade Pty Ltd
(U2024/13875)
| DEPUTY PRESIDENT EASTON | SYDNEY, 27 MARCH 2025 |
Application for an unfair dismissal remedy - under s.587(1)(c) at the Commission’s initiative for want of prosecution.
On 20 November 2024, Mr Phillip Peel made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
Mr Peel’s application raised a concern about whether his application was filed within the 21-day time limit.
Commission staff tried to contact Mr Peel on 2 December 2024, 17 January and 6 February 2025 by telephone, email and SMS about this concern. Mr Peel has not responded to the Commission’s correspondence and voice messages.
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 Mr Peel 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 Mr Peel’s application. I make the following order:
1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Phillip Peel on 20 November 2024 is dismissed.
DEPUTY PRESIDENT
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