Rikaya Masri v Serco Australia Pty Ltd
[2025] FWC 2716
•12 SEPTEMBER 2025
| [2025] FWC 2716 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Rikaya Masri
v
Serco Australia Pty Ltd
(U2025/5643)
| DEPUTY PRESIDENT EASTON | SYDNEY, 12 SEPTEMBER 2025 |
Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution.
On 6 May 2025, Ms Rikaya Masri made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
Ms Masri did not attend a telephone conciliation conference scheduled for 10 June 2025.
Commission staff tried to contact Ms Masri on 18 June and 30 July 2025 about whether she wants to continue her unfair dismissal claim. Ms Masri has not responded to the Commission’s inquiries.
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 Masri 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 Masri’s application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Rikaya Masri on 6 May 2025 is dismissed.
DEPUTY PRESIDENT
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