Fair Work Act 2009

s.394 - Unfair dismissal

Application for an unfair dismissal remedy - application fee not paid or waived - application not made in accordance with the Act - - application dismissed

• [1] On 10 January 2025, Ms Ashlee Beaumont made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

• [2] Ms Beaumont's application was not made in accordance with the Act (per s.587(1)(a)) because the prescribed fee (per s.395) has not been paid or waived.

• [3] Commission staff attempted to contact Ms Beaumont on 13 January, 14 January, 20 January, 7 February and 10 February 2025 by telephone, SMS and email however Ms Beaumont has still not paid the application fee or applied for a waiver of the fee.

• [4] Section 587 confers a discretion on the Commission to dismiss Ms Beaumont's application if it has not been made in accordance with the Act. Ms Beaumont has had ample opportunity to rectify the deficiency in her application and has had ample opportunity to show why her application should not be dismissed under s.587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]- [16] and the cases cited therein).

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Ashlee Beaumont on 10 January 2025 is dismissed.

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