Amanda Hayward v Capricorn Society Limited [2025] FWC 3256

1 Fair Work Act 2009 s.394—Unfair dismissal Amanda Hayward v Capricorn Society Limited (U2025/12190) DEPUTY PRESIDENT EASTON SYDNEY, 29 OCTOBER 2025 Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution. [1] On 25 July 2025, Mrs Amanda Hayward made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth). [2] Mrs Hayward did not attend a telephone conciliation conference scheduled for 27 August 2025. A second conciliation conference was scheduled for 23 September 2025 which again Mrs Hayward failed to attend. [3] Commission staff tried to contact Mrs Hayward on 27 August, 23 September and 30 September 2025 about whether she wants to continue her unfair dismissal claim. Mrs Hayward has not responded to the Commission’s inquiries. [4] Section 587 allows the Commission to dismiss an application on the Commission’s own initiative in the early stages of the proceedings for want of prosecution. 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]). [5] I am satisfied that Mrs Hayward has had the opportunity to put a case for consideration on all matters material to the decision to dismiss the application under s.587. In the circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Mrs Hayward’s application. [2025] FWC 3256 DECISION AND ORDER -- 1 of 2 -- [2025] FWC 3256 2 [6] I make the following order: A. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mrs Amanda Hayward Reid on 25 July 2025 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR793157> -- 2 of 2 --