Application for unfair dismissal remedy Ikeraam Moses

[2026] FWC 2021 Fair Work Commission 2026-06-02

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Deputy President Easton

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Concept tags · 3

[P]Unfair dismissal (WA) [P]Unfair dismissal (federal) [P]Health care worker

Cases cited in this decision · 1

Cited

[2013] FWCFB 2532 — Northern Co-Operative Meat Company Ltd - Booyong Service Processing...

"…roceedings 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...…"

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Archived text (291 words)

1 Fair Work Act 2009 s.394 - Application for unfair dismissal remedy Ikeraam Moses (U2025/19579) DEPUTY PRESIDENT EASTON SYDNEY, 2 JUNE 2026 Application for relief from unfair dismissal – dismissal under s.587 at the Commission’s initiative for want of prosecution. [1] On 15 December 2025, Ikeraam Moses made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth). [2] Ikeraam Moses’ application was made by telephone and a copy of the partially completed F2 application was emailed to him on 15 December 2025. [3] Commission staff tried to contact Ikeraam Moses on 15 December 2025, 16 March 2026 and 26 March 2026. [4] Ikeraam Moses responded on 16 March 2026, however has not responded to the Commission’s inquiries since. [5] 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]). [6] I am satisfied that the applicant 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 the application. I make the following order: A. The application under s.394 of the Fair Work Act 2009 (Cth) made by Ikeraam Moses on 15 December 2025 is dismissed. [2026] FWC 2021 DECISION AND ORDER [2026] FWC 2021 2 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR810616>