Melbourne. Worker’s unfair dismissal case dismissed after she repeatedly failed to attend conciliation, comply with directions or appear at the hearing.
Where: Melbourne
Case name: Jenner v Yarra Journey Makers [2025] FWC 2207
Date of decision: 30 July 2025
Link to full case: Click here to view decision
Who: Yvonne Jenner, admin worker at Yarra Journey Makers
What: Filed an unfair dismissal claim but failed to attend the conciliation, respond to directions, or appear at the hearing
Outcome: Application dismissed under s.587 for want of prosecution
Legal Principle/s:
- The Fair Work Commission can dismiss an application if the applicant does not participate or “prosecute” their case.
- A “fair go all round” applies to both employer and employee. Repeated failure to engage justifies dismissal of a claim.
Commentary:
This case shows that starting an unfair dismissal claim is not enough. If you fail to participate in the process, the Commission can throw it out entirely.
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