s.394 - Unfair dismissal

Application for an unfair dismissal remedy - unpaid application fee - application is not made in accordance with this Act - application dismissed - s.587(1)(a).

• [1] On 22 April 2025, Mrs Kara Worthington made an unfair dismissal application under s.394 of the Fair Work Act 2009 (Cth).

• [2] For the reasons that follow I am satisfied that Mrs Worthington's application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

• [3] Ms Worthington's application was incomplete because she did not pay the required fee[1] or file a completed request to waive the fee.

• [4] Commission staff attempted to contact Ms Worthington on:
  • 28 April 2025, by email;
  • 29 April 2025, by SMS;
  • 9 May 2025, by phone call, which was answered by Mrs Worthington. Ms Worthington said she would provide payment or a request to waive the fee by 13 May 2025.
  • 15 May 2025, by phone call and voicemail.

• [5] On 5 June 2025, my Chambers emailed Mrs Worthington requiring a response by 12 June 2025. She was advised that if no response was received, her application may be dismissed under s.587(1)(a) of the Act because it has not been made in accordance with the Act. No response has been received, the fee has not been paid, and no waiver request has been received.

• [6] Mrs Worthington has been given ample opportunity to rectify the deficiency in the application. She has not responded to multiple enquiries and warnings that her application may be dismissed. I am satisfied that Mrs Worthington's application should be dismissed. I make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mrs Kara Worthington on 22 April 2025 is dismissed.

[1] Section 395 of the Act.

Printed by authority of the Commonwealth Government Printer