Amau Ker v Hall & Prior T/A Health & Aged Care Group

[2020] FWC 5795

[2020] FWC 5795

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Amau Ker
v
Hall & Prior T/A Health & Aged Care Group
(U2020/13384)

COMMISSIONER BISSETT MELBOURNE, 29 OCTOBER 2020

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

[1] On 9 October 2020, Mr Amau Ker 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 Mr Ker was incomplete in that he did not provide the commencement date of his employment.

[3] On 9 October 2020, the Commission attempted to contact Mr Ker on his nominated telephone numbers to request the missing details. Mr Ker did not answer these calls. A voicemail message was left on Mr Ker’s nominated mobile telephone number requesting he contact the Commission as soon as possible to confirm the date he commenced working for his employer. A voicemail was not able to be left on the other nominated telephone number.

[4] Later that day, the Commission emailed correspondence to Mr Ker’s nominated email address requesting that he provide further details as the application was incomplete and that confirmation of when he started working for Hall & Prior T/A Health & Aged Care Group was required. That correspondence also advised that if this information was not provided within 14 days, the application may be dismissed. An SMS notification was also sent to Mr Ker’s nominated telephone number, requesting that he contact the Commission.

[5] On 21 October 2020 the Commission again attempted to contact Mr Ker on his nominated telephone number. A voicemail message was left requesting that he contact the Commission urgently to provide the outstanding information regarding his commencement date.

[6] To date, no response has been received and Mr Ker has not provided the necessary details as requested.

[7]
Section 587(1) of the FW Act provides as follows:

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.

[8] In these circumstances, I have determined that the application was not made in accordance with the FW Act. Information necessary for the Commission to process the application is missing from the application form such that the application has not been made as required.

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

COMMISSIONER

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