the Applicant v Diverse Asset Maintenance Services Pty Ltd
Citation: [2026] FWC 3270
At a glance
- Employees affected
- 1
What happened
the Applicant brought an application under section 365 of the Fair Work Act 2009. This related to a dismissal dispute with Diverse Asset Maintenance Services Pty Ltd. the Applicant did not attend a scheduled hearing. the Deputy President found her explanations for not attending were not credible, preventing her from presenting her case.
What was decided
the Deputy President dismissed the Applicant’s application. the Deputy President found that because the Applicant did not attend the hearing and her reasons were not believable, her application had no reasonable prospects of success. The application was dismissed.
What it means for employers
Employers should ensure employees attend scheduled hearings. Failure to do so can impact the ability to present a case and may result in applications being dismissed.
What it means for employees
Employees must attend scheduled hearings. Providing unconvincing reasons for absence can lead to applications being dismissed, preventing a case from being heard.
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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