Ivan Abesamis v Neta Care Pty Ltd
Deputy President Easton
Not yet cited by other cases
Applicant: Ivan Abesamis
Respondent: Neta Care Pty Ltd
Ratio
An unfair dismissal application may be dismissed under s.587 where an applicant has failed to prosecute their application despite the in-principle settlement of the dispute and repeated requests to respond, demonstrating unwillingness to participate in the proceedings.
Outcome
Against applicant
dismissed
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 6
- Applicant filed unfair dismissal application on 14 November 2024 under s.394 of the Fair Work Act 2009 (Cth)
- On 3 December 2024, parties reached an in-principle agreement to resolve the application
- Applicant did not formally discontinue the application
- Commission staff sent correspondence and SMS messages on 16 and 17 January 2025 requesting response by 21 January 2025
- Applicant did not respond to these messages
- Application dismissed under s.587(1)(c) for want of prosecution on 14 February 2025
Factors
For
- Applicant given notice of potential dismissal under s.587
- Applicant had opportunity to put case for consideration on material matters
- Applicant failed to respond to Commission correspondence despite multiple requests
- Parties had already reached in-principle settlement agreement
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.394
- Fair Work Act 2009 (Cth) s.587(1)(c)
Concept tags · 3
Principles · 2
articulates para 5
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.
The Commission may dismiss an application under s.587 on its own initiative in the early stages of proceedings if an applicant's conduct or omissions demonstrate they are no longer willing to participate in their own case.
Cases cited in this decision · 1
Cited
[2013] FWCFB 2532
— Northern Co-Operative Meat Company Ltd - Booyong Service Processing...
"…he early stages of the proceedings. 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...…"
Archived text (319 words)
1 Fair Work Act 2009 s.394—Unfair dismissal Ivan Abesamis v Neta Care Pty Ltd (U2024/13589) DEPUTY PRESIDENT EASTON SYDNEY, 14 FEBRUARY 2025 Application for an unfair dismissal remedy – dismissal under s.587(1)(c) for want of prosecution. [1] On 14 November 2024, Mr Ivan Abesamis made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth). [2] On 3 December 2024 Commission staff were advised that the parties had reached an in- principle agreement to resolve Mr Abesamis’ application. [3] Since then Mr Abesami has not discontinued their application. [4] Commission staff sent correspondence and messages to Mr Abesamis on 16 and 17 January 2025 by email and SMS, asking him to respond by 21 January 2025. Mr Abesamis did not respond to these messages. [5] Section 587 allows the Commission to dismiss an application on the Commission’s own initiative in the early stages of the proceedings. 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]). [6] I am satisfied that Mr Abesamis has been on notice that their application could be dismissed under s.587, and that they have had the opportunity to put a case for consideration on all matters material to the making of the decision to dismiss the application. [2025] FWC 460 DECISION and ORDER [2025] FWC 460 2 [7] In the circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Mr Abesamis’ application for want of prosecution. I have therefore decided to make the following order: 1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Ivan Abesamis on 14 November 2024 is dismissed DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR784406>