Brittney Ellick v Ben Price Estate Agents

[2017] FWC 3213

[2017] FWC 3213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Brittney Ellick
v
Ben Price Estate Agents
(U2017/5046)

DEPUTY PRESIDENT CLANCY MELBOURNE, 14 JUNE 2017

Application for an unfair dismissal remedy.

[1] On 10 May 2017, Ms Brittney Ellick made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Apart from her application appearing to have been lodged outside the 21-day time period for lodgement required under the Act, the application form filed by Ms Ellick in the Fair Work Commission was incomplete as she did not answer questions 1.1, 1.2 and 3.2 and the application fee was not paid or a completed waiver application received.

[3] On 12 May 2017, the Commission attempted to contact Ms Ellick via telephone, however this was unsuccessful and a voicemail message was left. On the same date, an email was sent to Ms Ellick advising the application form was incomplete and further details were required. It was also noted that payment or a completed application for fee waiver was required and that in the absence of advice being received within 14 days, her application may be dismissed.

[4] On 25 May 2017, the Commission again attempted to contact Ms Ellick via telephone and a further voicemail was left regarding the incomplete and unpaid application. A final attempt to telephone Ms Ellick was made on 13 June 2017 and there was no answer.

[5] To date, Ms Ellick 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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