Everyone has those appointments, tasks or events that they just don\u2019t want to show up for. However, there are some things you must\nbite the bullet and attend. <\/p>\n\n\n\n
It should go without saying that one of those times is when your attendance is required by a court. <\/p>\n\n\n\n
It appears this common sense has not transferred to required attendance by the Fair Work Commission (FWC<\/strong>). <\/p>\n\n\n\n Though the FWC is a tribunal and not a court, it is still essential that you attend when required to do so. Non-attendance at a FWC conciliation or hearing never goes well for the party not in attendance.<\/p>\n\n\n\n If you believe that by not attending, that no order can be made against you, you are very much mistaken. A Member of the FWC has the power to decide on a matter in the absence of a required attendee.<\/p>\n\n\n\n It is also incorrect to believe, that by not participating in the process, any orders made against you will be unenforceable. Non-compliance with an order of the FWC is a criminal offence. The other party can seek enforcement through the Federal Circuit Court of Australia or the Federal Court of Australia. These courts can in addition to enforcement order a monetary fine for non-compliance.<\/p>\n\n\n\n Case Examples of Non-Attendance<\/strong><\/p>\n\n\n\n Staying in a similar area of law as my colleague\u2019s blog<\/a> last week, there are two unfair dismissal case examples from this year, that show some people need to be reminded to participate in the FWC process.<\/p>\n\n\n\n