A s.394 (Unfair dismissal) application by Ludovic Coutet against Mackillop Family Service has been dismissed by Fair Work Deputy President Clancy in Melbourne on 5 April 2018. “The power to dismiss an application if the non-compliance was unreasonable is discretionary. Mr Coutet has failed to respond to the many attempts by the Commission to contact him. Apart from initially filing his application, Mr Coutet has shown no willingness to prosecute his case and provided no explanation for either his failure to comply with directions or his non-attendance at the non-compliance hearing. In these circumstances, I am persuaded that I should exercise my discretion under s.399A of the Act and dismiss Mr Coutet’s application.,” he ruled.
