Caitlin Nau v Mount Sinai Jewish Day School Ltd T/A Mount Sinai College

[2016] FWC 6316

[2016] FWC 6316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Caitlin Nau
v
Mount Sinai Jewish Day School Ltd T/A Mount Sinai College
(U2016/8147)

COMMISSIONER WILSON MELBOURNE, 7 SEPTEMBER 2016

Application for relief from unfair dismissal.

[1] On 4 July 2016, Ms Caitlin Nau made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Nau did not pay the required fee.

[3] On 5 July 2016, Ms Nau was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[4] Section 395, which deals with application fees, provides:

395 Application fees

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.

[5] On 20 July 2016, the Commission attempted to contact Ms Nau in relation to the correspondence dated 5 July 2016 and a voice message was left.

[6] Further correspondence was sent to Ms Nau on 27 July 2016 advising her application was incomplete and required payment of the filing fee or a completed waiver form if she wished to proceed with her application. Ms Nau was advised that in the absence of any advice from her within 14 days, her application may be dismissed.

[7] On 8 August 2016, a further telephone call was made to Ms Nau. The call was unanswered and a voicemail was left. On the same date, email correspondence was again sent to Ms Nau advising her application was still incomplete and unpaid.

[8] No response has been received from Ms Nau and payment of the required fee has not been made.

[9] 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.

[10] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, 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.

COMMISSIONER

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