Roberts v Willcocks

Roberts (the applicant) brought proceedings in the Federal Circuit Court of Australia against Willcocks (the respondent) alleging unlawful termination of employment in contravention of the *Fair Work Act 2009* (Cth). The central dispute concerned whether the applicant's termination was due to a temporary absence from work because of illness or injury.

The court was required to determine two primary legal issues. Firstly, whether the applicant's absence from work was a temporary absence due to illness or injury, which would render the termination unlawful under section 352 of the *Fair Work Act 2009* (Cth). Secondly, the court had to consider whether to grant an adjournment of the hearing, which had been sought by the applicant due to their inability to attend in person, and the implications of non-attendance for the proceedings.

In his Honour's reasoning, Judge Lucev noted that the applicant had failed to attend the scheduled hearing, despite being notified of the date and time. The applicant had sought an adjournment, citing a medical condition preventing their attendance, and requested the hearing proceed via video link. However, the court found that the applicant had not provided sufficient evidence to substantiate their claim of illness or injury, nor had they demonstrated a genuine inability to attend the hearing. The court applied the principles relating to adjournments, emphasizing the need for compelling reasons and adequate supporting evidence. Given the lack of satisfactory explanation for the non-attendance and the applicant's failure to comply with procedural requirements, the court determined that it was not in the interests of justice to grant an adjournment.

Consequently, the court dismissed the applicant's application for unlawful termination.