Application by the Applicant
Citation: [2026] FWC 2710
At a glance
- Employees affected
- 1
What happened
The Applicant filed an application with the Fair Work Commission on August 3, 2025, seeking orders to stop bullying by her manager. She alleged unfair treatment related to a performance improvement plan and private information being shared. The employer argued the actions were reasonable management. The Applicant did not respond to follow-up inquiries from the Commission, despite warnings that the application could be dismissed. The Commissioner had no communication with the Applicant since September 25, 2025.
What was decided
The Fair Work Commission has dismissed the bullying application for want of prosecution. The Commission found she failed to engage with their inquiries and did not pursue her case. Section 587 of the Fair Work Act allows dismissal if an applicant doesn't prosecute their case. While caution is needed when dismissing applications, the Applicant’s inaction meant the Respondent expended resources on a claim that was not followed through.
What it means for employers
Employers should be aware that failure to respond to employee complaints can lead to Fair Work Commission action. However, employees also have a responsibility to engage with the process and respond to inquiries from the Commission. A lack of engagement may result in an application being dismissed.
What it means for employees
Employees who lodge applications with the Fair Work Commission must actively participate in the process by responding to requests for information. Failure to do so can lead to your application being dismissed, even if you have a valid claim.
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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 →