Anthony Rice v Lawrence and Hanson

[2016] FWC 850

[2016] FWC 850

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Anthony Rice
v
Lawrence and Hanson
(U2015/16177)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 9 FEBRUARY 2016

Application for relief from unfair dismissal.

[1] On 24 November 2015, Mr Anthony Rice made an application by telephone for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] On 25 November 2015, the Fair Work Commission (the Commission) sent correspondence to Mr Rice. Mr Rice was allowed 14 days from the date of making the application to complete a Form 2 - Application for Remedy from Unfair Dismissal (the application) in addition to in addition to paying the filing fee or completing a waiver form. Mr Rice was advised that failure to return a completed application and payment/waiver form would result in his application being dismissed.

[3] On 10 December 2015, the Commission sent correspondence to Mr Rice. Mr Rice was allowed 14 days from the date of the correspondence to complete a Form 2 - Application for Remedy from Unfair Dismissal (the application) in addition to in addition to paying the filing fee or completing a waiver form. Mr Rice was advised that failure to return a completed application and payment/waiver form would result in his application being dismissed.

[4] On 24 December 2015, the Commission attempted to contact Mr Rice by telephone as no completed application had been filed. A voicemail was left requesting that Mr Rice contact the Commission.

[5] On 12 January 2016, the Commission attempted to contact Mr Rice by telephone as no completed application had been filed. A voicemail was left requesting that Mr Rice contact the Commission.

[6] On 14 January 2016, the Commission attempted to contact Mr Rice by telephone as no completed application had been filed. A voicemail was left requesting that Mr Rice contact the Commission and advise if he intends to pursue the matter. A text message was then sent to Mr Rice requesting that he contact the Commission by close of business 21 January 2016, and that failure to do so would result in his application being dismissed.

[7] On 14 January 2016, Mr Rice called the Commission and advised that he had had a meeting with his representative and Lawrence and Hanson and that he considers the matter may be resolved. Mr Rice said that he thought he wanted to discontinue, however he would speak with his representative and get back to the Commission that afternoon.

[8] On 22 January 2016, the Commission attempted to contact Mr Rice by telephone. A voicemail was left requesting that Mr Rice contact the Commission and advise if he wishes to discontinue the matter or if the matter has been resolved. A text message was sent to Mr Rice requesting that he contact the Commission.

[9] On 27 January 2016, the Commission attempted to contact Mr Rice by telephone. A voicemail was left requesting that Mr Rice contact the Commission as soon as possible to advise how he wished to proceed with the matter. Advised that if he wished to discontinue, that he could do so verbally over the telephone.

[10] On 22 February 2016, the Commission attempted to contact Mr Rice by telephone. A voicemail was left requesting that Mr Rice contact the Commission to advise how he wished to proceed with the matter.

[11] Mr Rice did not contact the Commission or provide the necessary details as requested.

[12] 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.

[13] As Mr Rice has not paid the filing fee or had a waiver granted, I have determined that the application was not made in accordance with the Act.

[14] Consequently, the application is dismissed under s.587(1)(a) of the Act.

DEPUTY PRESIDENT

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