Carolyn Gladwin v Capital Country Holiday Park T/A Capital Country Holiday Village

[2014] FWC 50

[2014] FWC 50

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Carolyn Gladwin
v
Capital Country Holiday Park T/A Capital Country Holiday Village
(U2013/15501)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 6 JANUARY 2014

Application for relief from unfair dismissal.

[1] On 1 November 2013, an application under s.394 of the Fair Work Act 2009 (the Act) for a remedy for unfair dismissal was lodged by Ms Carolyn Gladwin.

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

[3] On 1 November 2013, Ms Gladwin was advised by email correspondence that her application required payment of the ($65.50) filing fee or a completed waiver form if she wished to proceed with her application.

[4] Section 395 of the Act, 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 19 November 2013, the Fair Work Commission contacted Ms Gladwin in relation to the correspondence dated 1 November 2013, during which Ms Gladwin indicated that she did not wish to proceed with the application. As a result of this a notice of discontinuance and instructions were emailed to Ms Gladwin that day. No response was received from Ms Gladwin and payment of the required fee has not been made.

[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 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.

DEPUTY PRESIDENT

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