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 6 December 2024, Ms Teresa Kahaki made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

• [2] Ms Kahaki'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 Kahaki on 18, 19, 20 and 24 December 2024, 7 and 11 February 2025 by telephone, SMS and email.

• [4] Ms Kahaki responded on 11 February 2025 and requested another copy of the waiver application form, which was provided on the same day.

• [5] Since then Ms Kahaki has not been in contact with the Commission.

• [6] Section 587 confers a discretion on the Commission to dismiss Ms Kahaki's application if it has not been made in accordance with the Act. Ms Kahaki 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 Teresa Kahaki on 6 December 2025 is dismissed.

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