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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