Katie Burgoyne v JD Sports Fashion ANZ
Citation: [2025] FWC 3887
What happened
The Applicant commenced proceedings in the Fair Work Commission regarding her dismissal. The Commission initiated a dismissal under section 587, due to a lack of prosecution of the case by the Applicant. Deputy President Easton heard the matter. The decision notes a case previously heard, [2013] FWCFB 2532.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an unfair dismissal remedy. The Commission initiated a dismissal under section 587 because the Applicant did not actively pursue her case. Deputy President Easton made the decision.
What it means for employers
Employers should ensure that employees actively participate in Fair Work proceedings. Failure to do so can result in the Commission dismissing the case, even if there are underlying issues.
What it means for employees
Employees must diligently pursue their claims in the Fair Work Commission. Failure to do so, such as not responding to correspondence or attending hearings, can lead to the dismissal of their case.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3887.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + advisor access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted 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 →