the Applicant v Brandlink Pty Limited
Citation: [2026] FWC 2712
At a glance
- Employees affected
- 1
What happened
the Applicant commenced an unfair dismissal claim against Brandlink Pty Limited on March 4, 2026. A Case Management Conference was scheduled for May 27, 2026, but the Applicant did not attend despite multiple attempts by the Commission to contact her. She also failed to respond to subsequent correspondence requesting a written explanation and confirmation of whether she still intended to pursue the claim. Further attempts to contact the Applicant before a non-compliance hearing on June 9, 2026, were unsuccessful. No communication was received from the Applicant since April 28, 2026.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application for want of prosecution under section 587(3)(a) of the Fair Work Act 2009. the Commissioner found that the Applicant had abandoned her claim by failing to participate in the Commission's processes and did not provide a reasonable explanation for her absence. The Commission noted it must exercise caution when dismissing applications, but considered the Applicant’s actions warranted dismissal.
What it means for employers
Employers should ensure they have proper documentation and records of all communication attempts with employees regarding Fair Work proceedings. While this case involved an employee's failure to engage, employers also need to adhere to procedural fairness in any workplace dispute resolution.
What it means for employees
Employees must actively participate in Fair Work Commission processes, including attending scheduled hearings and responding to correspondence promptly. Failure to do so can result in the dismissal of their claim, even if they have a valid case.
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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 →