Satyanarayan Narendra v Caprock International Pty. Limited

[2025] FWC 544

[2025] FWC 544

FAIR WORK COMMISSION

DECISION and ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Satyanarayan Narendra
v

Caprock International Pty. Limited

(U2024/11821)

DEPUTY PRESIDENT EASTON SYDNEY, 21 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 3 October 2024, Mr Satyanarayan Narendra made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

1. On 15 November 2024 Commission staff were advised that the parties had reached an in-principle agreement to resolve Mr Narendra’s application.

1. Since then Mr Narendra has not discontinued his application or taken any steps to prosecute his application.

1. Commission staff sent correspondence and messages to Mr Narendra on 5 December 2024, 16 December 2024 and 23 January 2025 about the unfair dismissal application. Mr Narendra has not responded to the Commission’s correspondence.

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 Mr Narendra has been on notice that his application could be dismissed under s.587, and that they have had the opportunity to put a case for consideration on all matters material to the making of the decision to dismiss the application.

1. In the circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Mr Narendra’s application.

1. I have therefore decided to make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Satyanarayan Narendra on 3 October 2024 is dismissed.

DEPUTY PRESIDENT

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