Ravneet Kandola v BJK Genesis Property Pty Ltd

[2024] FWC 3125

[2024] FWC 3125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Ravneet Kandola
v

BJK Genesis Property Pty Ltd

(U2024/8420)

DEPUTY PRESIDENT EASTON SYDNEY, 12 NOVEMBER 2024

Application for an unfair dismissal remedy remedy – applicant’s conduct or omissions show that they are no longer willing to participate in their own case - application dismissed under s.587(3).

1. On 18 July 2024 Ms Ravneet Kandola made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

1. A conciliation conference was scheduled for 19 September 2024 however Ms Kandola did not attend, Ms Kandola has not responded to multiple attempts to contact her since then.

1. For the reasons that follow I am satisfied that Ms Kandola’s application should be dismissed for want of prosecution.

1. Section 587 of the Act provides:

587  Dismissing applications

(1)   Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a)   the application is not made in accordance with this Act; or

(b)   the application is frivolous or vexatious; or

(c)   the application has no reasonable prospects of success.

…

(3) The FWC may dismiss an application:

(a)   on its own initiative; or

(b)   on application.

1. Section 587 allows the Commission to dismiss an application if it is apparent that the applicant has stopped pursuing or participating in the proceedings they commenced. In such circumstances the Commission is not required to persevere with the application (see Viavattene v Health Care Australia [2013] FWCFB 2532 at [39]).

1. Section 587(3) allows the Commission to dismiss an application on its own initiative, so long as the applicant has been afforded procedural fairness. The words “without limiting when FWC may dismiss an application” in s.587(1) confirm that the power to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c).

1. I am satisfied that it is appropriate to dismiss Ms Kandola’s application. She did not attend a scheduled conference and has taken no steps since then to pursue her claim.

1. I have separately made an order dismissing Ms Kandola’s application (PR781194).

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR781193>