s.394 - Unfair dismissal

Application for relief from unfair dismissal - incomplete application - dismissal under s.587 at the Commission's initiative.

[1] On 14 October 2020, Ms Lisa Devereux made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application form filed by Ms Devereux was incomplete in that she did not complete and/or provide the respondent details on the application.

[3] On 15 October 2020, the Commission attempted to contact Ms Devereux on her nominated telephone number to request the missing details. Ms Devereux did not answer the call. A voicemail message was left requesting Ms Devereux complete the respondent section of application and resubmit the application to the Commission.

[4] Later that day, the Commission emailed correspondence to Ms Devereux's nominated email address requesting that she provide further details as the application was incomplete, that the respondent section of the application would need to be completed and the completed for returned to the Commission via email. That correspondence also advised that if the information was not provided within 14 days, the application may be dismissed. An SMS notification was also sent to Ms Devereux's nominated telephone number, requesting that she contact the Commission.

[5] As the required information was not received, on 30 October 2020 the Commission again attempted to contact Ms Devereux on her nominated telephone number. A voicemail message was left requesting outstanding information to be emailed to the Commission by 4pm on the 30 October 2020 or the Commission may consider dismissing the application.

[6] On 5 November 2020, the Commission telephoned Ms Devereux on her nominated telephone number and a message was left requesting she contact the Commission regarding her incomplete application.

[7] To date, no response has been received and Ms Devereux has not provided the necessary details as requested.

[8] Section 587(1) of the FW Act provides as follows:

(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

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

[9] In these circumstances, I have determined that the application was not made in accordance with the FW Act.

[10] As such, the application is dismissed under s.587(1)(a) of the FW Act. An order to this effect will be issued shortly.

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