the Applicant v Linked Community Services Limited
At a glance
- 1
What happened
the Applicant commenced an application for unfair dismissal against Linked Community Services Limited. The matter was listed for a hearing, but the Applicant 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 the Applicant’s application for unfair dismissal. The Commission found that the Applicant 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.
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