TERMINATION OF EMPLOYMENT – application to dismiss by employer – frustration – s.394 Fair Work Act 2009 – applicant dismissed following conviction for serious criminal offences – applicant lodged unfair dismissal application – conciliation unsuccessful – indefinite adjournment granted in April 2013 – respondent heard nothing from the Commission or applicant for the next two years and assumed matter had been discontinued – respondent requested that application be dismissed as applicant had not articulated a case of any substance – applicant advised he was unable to access any resources whilst incarcerated and requested matter be adjourned until he was released from prison – applicant’s argument did not have reasonable prospects of success – adjournment request would cause significant and indefinite delay and cause additional costs and expenses – Commission considered it appropriate to exercise discretion to dismiss application – application dismissed. Maddison v Commonwealth of Australia (acting through and represented by the Department of Defence)
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