Rebecca Pawlowsky v Mc Hugh Maxillofacial Pty Ltd
[2025] FWC 2104
•18 JULY 2025
| [2025] FWC 2104 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Rebecca Pawlowsky
v
Mc Hugh Maxillofacial Pty Ltd
(U2025/5149)
| DEPUTY PRESIDENT EASTON | SYDNEY, 18 JULY 2025 |
Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution.
On 25 April 2025, Ms Rebecca Pawlowsky made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
Ms Pawlowsky’s application raised a concern about whether her application was filed within the 21 day time limit.
Commission staff tried to contact Ms Pawlowsky on 21 May and 11 June 2025 about this concern. Ms Pawlowsky 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 Ms Pawlowsky 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 Ms Pawlowsky’s application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Rebecca Pawlowsky on 25 April 2025 is dismissed.
DEPUTY PRESIDENT
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