Benjamin Nelson v Westfield Group T/A Westfield Kotara

[2013] FWC 7826

[2013] FWC 7826

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Benjamin Nelson
v
Westfield Group T/A Westfield Kotara
(U2013/12956)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 8 OCTOBER 2013

Application for relief from unfair dismissal.

[1] On 27 August 2013, Mr Benjamin Nelson made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] The application form filed by Mr Nelson in the Fair Work Commission (the Commission) was incomplete in the following respects:

● The application was not signed or dated;

● The application was made without payment of the lodgement fee of $65.50.

[3] On 27 August 2013, Mr Nelson was asked by email to provide further details and payment or a completed waiver application form.

[4] On 29 August 2013 an incomplete waiver application form was received from Mr Nelson. He did not however return a signed copy of his unfair dismissal application.

[5] Between 29 August 2013 and 10 September 2013 several attempts were made to contact Mr Nelson by phone. All attempts were unsuccessful.

[6] On 10 September 2013 a further email letter was sent to Mr Nelson requesting he provide a signed copy of his application and that he contact the Commission Registry regarding his incomplete waiver application.

[7] Mr Nelson did not contact the Commission or provide the necessary details as requested.

[8] 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.

[9] In these circumstances, I have determined that the application was not made in accordance with the Act.

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

DEPUTY PRESIDENT

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