Allan Steedman

[2017] FWC 164

[2017] FWC 164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Allan Steedman
(U2016/14550)

DEPUTY PRESIDENT CLANCY MELBOURNE, 11 JANUARY 2017

Application for an unfair dismissal remedy.

[1] On 6 December 2016, Mr Allan Steedman made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (the Act).

[2] The application form filed by Mr Steedman in the Fair Work Commission was incomplete as he did not provide details of the Respondent and clarification was required as to the date Mr Steedman was notified of his dismissal, as this was incomplete. Clarification was also required as to the date the dismissal took effect as this date was recorded as before the date Mr Steedman said he commenced working for his employer.

[3] On 7 December 2016, the Commission attempted to contact Mr Steedman by telephone, however this was unsuccessful and a voice message was left. On the same date, correspondence was sent to Mr Steedman advising the application was incomplete, requesting details be provided with regard to the Respondent and clarification regarding the dates recorded at questions 1.2 and 1.3 of the application. Mr Steedman was advised in the absence of any advice from him within 14 days, his application may be dismissed.

[4] On 22 December 2016, Mr Steedman was contacted again by telephone regarding the incomplete application. He was advised an amended application should be filed and that a letter would be sent confirming same. On the same date, the follow up letter was sent to Mr Steedman confirming the details that were required and that in the absence of any advice from him within 14 days, his application may be dismissed.

[5] To date, Mr Steedman has not contacted the Commission or provided the necessary details as requested.

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

587 Dismissing applications

(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.

[7] Having regard to the circumstances of this matter, 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.

DEPUTY PRESIDENT

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