Josh Bolton [2017] FWC 6763 (15 December 2017)

s.394 - Unfair dismissal

[1] On 28 October 2017, Mr Josh Bolton made an application for unfair dismissal remedy under s.394 of the Fair Work Act 2009 (the Act).

[2] The application form filed by Mr Bolton in the Fair Work Commission was incomplete because he did not provide; details of the Respondent, the date he commenced employment, the reasons given for the dismissal or why he says the dismissal was unfair. Further, the application fee was not paid.

[3] On 31 October 2017, the Commission attempted to telephone Mr Bolton regarding the outstanding application fee and the incomplete application form, however there was no answer and a voicemail message was left. On the same day, correspondence was sent to Mr Bolton which noted the application was incomplete and was made without payment of the application fee. Mr Bolton was provided an application for fee waiver and advised that in the absence of any advice from him within 14 days, his application may be dismissed.

[4] On 1 November 2017, there was no answer when the Commission rang both telephone numbers provided by Mr Bolton on his application form.

[5] On 10 November 2017, a further voicemail was left regarding the incomplete application and non-payment of the application fee. It was noted the application may be dismissed if these matters were not rectified.

[6] On 21 November 2017, the Commission again attempted to telephone Mr Bolton. On this occasion, someone did answer the telephone, however the call was shortly terminated by the person who answered the call.

[7] On 23 November 2017, final voicemails were left on each of Mr Bolton's telephone numbers. It was again noted that his application may be dismissed.

[8] To date, no response from Mr Bolton has been received.

[9] Section 395 of the Act, which deals with application fees, provides:

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(a) a fee for making an application to the FWC under this Division; and

(c) the circumstances in which all or part of the fee may be waived or refunded.

[10] Section 587(1) of the Act provides:

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

[11] Having regard to the above, Mr Bolton has failed to file a completed application and did not pay the required fee. I am satisfied the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

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