the Applicant v Subs At Bundamba Pty Ltd
Citation: [2026] FWC 2660
At a glance
- Employees affected
- 1
What happened
the Applicant applied to the Fair Work Commission for an unfair dismissal remedy against Subs At Bundamba Pty Ltd. The Respondent raised a jurisdictional objection, claiming they were a small business and the dismissal followed the Small Business Fair Dismissal Code. Repeated attempts were made to schedule a directions hearing, but the Applicant consistently failed to attend proposed dates and times, providing no explanation. Despite multiple follow-up emails and warnings, she did not respond.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an unfair dismissal remedy under section 587(1)(c) of the Fair Work Act. The Commissioner found that the Applicant failed to prosecute her claim and did not engage with the Commission, despite repeated attempts to contact her and provide opportunities to explain her absence. The Commission considered dismissing the application due to lack of engagement.
What it means for employers
Employers should ensure they respond promptly to Fair Work applications and actively participate in scheduled hearings. Asserting jurisdictional objections early can be beneficial. Consistent communication with employees, even when disputes arise, is important for procedural fairness.
What it means for employees
Employees must engage with the Fair Work Commission process if they lodge an application. Failure to attend hearings or respond to correspondence can result in the dismissal of their claim. It's crucial to communicate any reasons for unavailability promptly.
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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 →