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FWCFair Work Commission · 31 December 2024

Mr David Knezevic v Linked Community Services Limited

Citation: [2025] FWC 3629

At a glance

Employees affected
1

What happened

David Knezevic commenced an application for unfair dismissal against Linked Community Services Limited. The matter was listed for a hearing, but Mr Knezevic did not attend. The Commission initiated a dismissal under section 587 of the Fair Work Act, effectively dismissing the application for want of prosecution.

What was decided

Deputy President Easton dismissed Mr Knezevic’s application for unfair dismissal. The Commission found that Mr Knezevic failed to attend the scheduled hearing. The Commission can dismiss an application if the applicant does not attend a hearing, as per section 587 of the Fair Work Act. The decision references a previous case, *Viavattene v Australian Postal Corporation* [2013] FWCFB 2532, which outlines the principles for dismissing applications for failing to attend.

What it means for employers

Employers should ensure employees are aware of scheduled hearings and the consequences of failing to attend. Proper communication and reminders can help prevent applications from being dismissed due to non-appearance.

What it means for employees

Employees must attend scheduled hearings or make arrangements to have representation. Failure to do so can result in the dismissal of the application, losing the opportunity to have the matter heard.

unfair-dismissalgeneral-protectionsredency

Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/document-view/decisions/mr-david-knezevic-v-linked-community-services-limited

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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

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