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 31 March 2025, Ms Yahui Wang 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 Ms Wang's application has not been made in accordance with the Act and that it is appropriate to dismiss her application.

• [3] Ms Wang'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 Wang on:
  • 3 April 2025, by email;
  • 4 April 2025, by SMS;
  • 7 April 2025, by email;
  • 10 April 2025, by phone call and voice mail.

• [5] On 5 June 2025, my Chambers emailed Ms Wang 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] Ms Wang 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 Ms Wang'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 Ms Yahui Wang on 31 March 2025 is dismissed.

[1] Section 395 of the Act.

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