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FWCFair Work Commission · 30 December 2025

the Applicant v Penfold Motors Burwood Pty Ltd

Citation: [2026] FWC 3118

At a glance

Employees affected
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.

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unfair-dismissalgeneral-protectionsredress

Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc3118.pdf

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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

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