Tanya Cooper Green v NVC Group Ltd

[2025] FWC 1703

[2025] FWC 1703

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Tanya Cooper Green
v

NVC Group Ltd

(U2025/3906)

COMMISSIONER CRAWFORD SYDNEY, 18 JUNE 2025

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

1. On 31 March 2025, Tanya Cooper Green made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

1. Ms Cooper Green did not attend a staff telephone conciliation conference scheduled for 13 May 2025. Commission staff tried to contact Ms Cooper Green on three occasions and Ms Cooper Green did not respond. The conciliation conference was abandoned. Representatives of NVC Group Ltd attended the conference on 13 May 2025 ready to discuss Ms Cooper Green’s application.

1. Ms Cooper Green did not attend a conciliation conference before me on 2 June 2025. The conciliation conference was abandoned. Representatives of NVC Group Ltd attended the conference on 2 June 2025 ready to discuss Ms Cooper Green’s application.

1. I proposed to list a further conciliation conference for 25 June 2025. Ms Cooper Green indicated via email that she could not attend the conference and that she is having difficulty attending Commission proceedings. Ms Cooper Green’s email ended with “I’m so sorry if I cannot make the next appointment. I’ll most probably just not worry about it.” An email was then sent to Ms Cooper Green requesting that she confirms that she wishes to discontinue her application by 5pm on 12 June 2025. Ms Cooper Green did not respond to that email.

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. While I accept Ms Cooper Green’s personal circumstances may have made it difficult for her to attend Commission proceedings, it is unacceptable to simply not attend two listed proceedings without providing notice to the Commission or the other party. The resources of the Commission and NVC Group Ltd have been wasted on two separate occasions because Ms Cooper Green has failed to attend listed proceedings without notice to the Commission or the other party. Ms Cooper Green has shown no willingness to prioritise the pursuit of her application and has not acted with appropriate respect to the Commission or NVC Group Ltd by not attending listed proceedings without notice and without an adequate explanation.

1. I am satisfied that Ms Cooper Green 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 Cooper Green’s application. I make the following order:

A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Cooper Green on 31 March 2025 is dismissed.

COMMISSIONER

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