Mr Khanh Phu Do v The Star Sydney Pty Ltd
Citation: [2026] FWC 65
What happened
Mr Khanh Phu Do brought an application for an unfair dismissal remedy. The Fair Work Commission initiated dismissal proceedings against him under section 587, due to a failure to prosecute his initial application. The Deputy President, Easton DP, made the decision.
What was decided
The Fair Work Commission dismissed Mr Do’s application for an unfair dismissal remedy. The Commission found that the application was not prosecuted by Mr Do, leading to the dismissal under section 587 of the Fair Work Act. The Deputy President noted that the case was previously appealed, as referenced in [2013] FWCFB 2532.
What it means for employers
Employers should ensure applicants actively prosecute their claims. Failure to do so can lead to the dismissal of the application at the Commission’s initiative.
What it means for employees
Employees must diligently pursue their applications with the Fair Work Commission. Failure to do so, such as not responding to correspondence or attending hearings, can result in the dismissal of their claim.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/mr-khanh-phu-do-v-the-star-sydney-pty-ltd-2026-fwc-65Want more cases like this?
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This summary was drafted by AI 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 →