the Applicant v Your Style Building Services Pty Ltd
At a glance
- 1
What happened
the Applicant commenced an unfair dismissal claim against Your Style Building Services Pty Ltd. The applicant failed to attend two scheduled Fair Work Commission proceedings without providing an explanation. The employer also filed a s.399A application. This section allows the Fair Work Commission to dismiss an applicant’s claim if they fail to attend a proceeding.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. The Commission found that his failure to attend two scheduled proceedings without explanation meant he did not cooperate with the process. The employer also filed a s.399A application, which contributed to the dismissal of the claim. As stated in the decision, “the applicant failed to attend two proceedings without explanation”.
What it means for employers
Employers can utilise s.399A to have an applicant’s claim dismissed if they fail to attend scheduled proceedings without a valid reason. This demonstrates the importance of applicant cooperation in Fair Work proceedings.
What it means for employees
Employees must attend scheduled Fair Work Commission proceedings or provide a valid reason for their absence. Failure to do so can result in their claim being dismissed.
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