Adonis Signey Sorreda v Healthshare(NSW) [2025] FWC 2252

1 Fair Work Act 2009 s.394—Unfair dismissal Adonis Signey Sorreda v Healthshare(NSW) (U2025/5703) DEPUTY PRESIDENT EASTON SYDNEY, 1 AUGUST 2025 Application for an unfair dismissal remedy – dismissal under s.587 for want of prosecution [1] On 6 May 2025, Mr Adonis Signey Sorreda filed an unfair dismissal application under s.394 of the Fair Work Act 2009 (Cth). [2] Mr Sorreda alleged he was employed by Healthshare (NSW) until he was dismissed on 8 April 2025. [3] On 28 May 2025, an email was sent to Mr Sorreda in relation to whether his former employer was a National System Employer and he was required to respond by 11 June 2025 and was advised that his application may be dismissed without further notice if he did not respond. An SMS was also sent to Mr Sorreda telling him that an important email had been sent. [4] A follow-up call was made to Mr Sorreda on 12 June 2025 and he was required to respond by 13 June 2025. [5] To date, Mr Sorreda has not responded to any of the Commission’s attempts to contact him. [6] Section 587 of the Act provides: “587 Dismissing applications (1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if: (a) the application is not made in accordance with this Act; or (b) the application is frivolous or vexatious; or (c) the application has no reasonable prospects of success. [2025] FWC 2252 DECISION AND ORDER -- 1 of 2 -- [2025] FWC 2252 2 … (3) The FWC may dismiss an application: (a) on its own initiative; or (b) on application.” [7] Section 587 allows the Commission to dismiss an application if it is apparent that the applicant has stopped pursuing or participating in the proceedings they commenced. Section 587(3) allows the Commission to dismiss an application on its own initiative, so long as the applicant has been afforded procedural fairness. The words “without limiting when FWC may dismiss an application” in s.587(1) confirm that the power to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c). [8] If an applicant’s conduct or omissions show that they are no longer willing to participate in their own case the Commission is not required to persevere with the application (see Viavattene v Health Care Australia [2013] FWCFB 2532 at [39]). [9] In these circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Mr Sorreda’s application. [10] Mr Sorreda has been on notice of the likely consequences for his application if he did not respond to the Commission’s inquiry and it is quite possible that he has abandoned his application. [11] For these reasons I have decided to dismiss Mr Sorreda’s application on my own initiative for want of prosecution, utilising the facility provided by s.587(3)(a) of the Act. I make the following order: A. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Adonis Signey Sorreda on 6 May 2025 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR790280> -- 2 of 2 --