the Applicant v Penfold Motors Burwood Pty Ltd
At a glance
- 1
What happened
the Applicant commenced an unfair dismissal claim against Penfold Motors Burwood Pty Ltd. He missed two conciliation conferences and a mention. Despite confirming his attendance via phone and email for a subsequent mention, he did not attend. Penfold Motors Burwood Pty Ltd attended all scheduled hearings and applied to have the claim dismissed. the Applicant did not respond to attempts to contact him before the show-cause hearing.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application under section 399A of the Fair Work Act. The Commission found he unreasonably failed to attend conferences and hearings and did not comply with directions. Applicants in unfair dismissal cases must attend hearings and prosecute their case. The Commission noted the Applicant’s failure to attend resulted in Penfold Motors Burwood Pty Ltd incurring costs.
What it means for employers
Employers can apply to have an unfair dismissal claim dismissed if the Applicant unreasonably fails to attend conferences or hearings. This demonstrates the importance of following up on applicant attendance and proactively seeking dismissal where appropriate.
What it means for employees
Employees bringing unfair dismissal claims must attend scheduled conferences and hearings. Failure to do so, without a valid reason, can result in the claim being dismissed. It is important to communicate with the Fair Work Commission if unable to attend.
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.
Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.