A s.394 (Unfair dismissal) application by Amanda Veinot against Life Without Barriers has been thrown out by Fair Work Deputy President Clancy, in Melbourne, on 20 June 2019. “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 Veinot has failed to actively prosecute her case. Besides her email of 4 June 2019 advising she was seeking further guidance on how to proceed, Ms Veinot 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 7 June 2019. In these circumstances, I am persuaded that I should exercise my discretion under s.399A and dismiss Ms Veinot’s application. This ends her unfair dismissal application.”
