Sara Kerry v Eilbeck Cranes

[2025] FWC 627

[2025] FWC 627

FAIR WORK COMMISSION

DECISION and ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Sara Kerry
v

Eilbeck Cranes

(U2024/13913)

DEPUTY PRESIDENT EASTON SYDNEY, 28 FEBRUARY 2025

Application for an unfair dismissal remedy – dismissal under s.587(1)(c) at the Commission’s initiative for want of prosecution.

1. On 21 November 2024, Mrs Sara Kerry made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

1. Mrs Kerry’s application raised a concern about her start date and the date her dismissal took effect.

1. Commission staff tried to contact Mrs Kerry on 26 November, 11 December 2024 and 29 January 2025 by telephone, email and SMS about these concerns. Mrs Kerry has not responded to the Commission’s inquiries.

1. 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]).

1. I am satisfied that Mrs Kerry 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 Mrs Kerry’s application. I make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mrs Sara Kerry on 21 November 2024 is dismissed.

DEPUTY PRESIDENT

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