Bank worker’s unfair dismissal claim rejected after failure to respond to the Commission


Sydney. Bank employee’s claim was dismissed because she failed to respond to repeated messages from the Fair Work Commission about a potential time limit issue.

Where: Sydney
Case name: Jana Baalbaki v NAB [2025] FWC 2259
Date of decision: 1 August 2025
Link to full case: Click here to view decision


Who: Jana Baalbaki, employee at NAB
What: Lodged an unfair dismissal claim but did not respond to Commission communications
Outcome: FWC dismissed the claim for want of prosecution


Legal Principle/s:

  • The Fair Work Commission can dismiss a case under section 587 if the applicant fails to participate.
  • Applicants must actively engage with the process, or their claim may be discontinued.

Commentary:
This case shows that even if a claim is lodged, it won’t progress unless the applicant stays involved. Silence can lead to the case being thrown out early.



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