A s.394 (Unfair dismissal) application by Melissa Tuchin against Ekera Dental Pty Ltd has been rejected by Fair Work Deputy President Clancy, in Melbourne, on 22 May 2019. He took the view she had abandoned the claim. “The power to dismiss an application if the non-compliance was unreasonable is discretionary. Other than initially filing her application and attending the conciliation, Ms Tuchin has failed to actively prosecute her case and has provided no explanation to the Commission for either her continued failure to comply with the directions or her failure to attend the non-compliance hearing on 10 May 2019. This is despite acknowledging in the call to the Commission on 16 May 2019 that she had received an email directing her to file material by 17 May 2019. In these circumstances, I am persuaded that I should exercise my discretion under s.399A and dismiss Ms Tuchin’s application. This ends her unfair dismissal application.”
