A s.394 (Unfair dismissal) application by Melissa Tuchin citing Ekera Dental Pty Ltd has failed. Fair Work Deputy President Clancy in Melbourne on 22 may 2019 said Ms Tuchin “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.”
