TERMINATION OF EMPLOYMENT – application to dismiss by employer – non-compliance with directions – ss.394, 399A Fair Work Act 2009 – application for relief from unfair dismissal – agreement reached at conciliation – applicant contacted Commission advising she was exercising her rights under the cooling off period – directions issued to applicant to file material in support of application – applicant did not comply with directions – respondent notified Commission matter settled and queried if respondent respondent had exercised cooling off rights in time – matter sent to non-compliance hearing and applicant refused to participate – respondent made oral application under s.399A of FW Act for application to be dismissed – Commission has discretion to dismiss unfair dismissal application due to unreasonable non-compliance with directions – applicant submitted medical certificate advising she was a carer for her sick son and she had other obligations – respondent submitted circumstances not sufficient to prevent compliance with directions – approach in Ghalloub adopted – applicant’s reasons for not complying with direction unreasonable – Commission not prepared to exercise discretion to dismiss respondent’s application – applicant directed to file material in support of application by 8 January 2016 – application to be dismissed if failure to comply – applicant able to seek extension of time but must be prior to compliance date and set out substantive grounds in support. Greentree v Woolworths Limited.
…
