Chanel (Nell) Hannan-Moon v The Hoyts Corporation Pty. Limited
[2025] FWC 397
•11 FEBRUARY 2025
| [2025] FWC 397 |
| FAIR WORK COMMISSION |
| DECISION and ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Chanel (Nell) Hannan-Moon
v
The Hoyts Corporation Pty. Limited
(U2024/13495)
| DEPUTY PRESIDENT EASTON | SYDNEY, 11 FEBRUARY 2025 |
Application for an unfair dismissal remedy – application fee not paid or waived – application not made in accordance with the Act - application dismissed.
On 12 November 2024, Ms Chanel Hannan-Moon made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
Ms Hannan-Moon’s application was not made in accordance with the Act (per s.587(1)(a)) because the prescribed fee (per s.395) has not been paid or waived. Section 587 confers a discretion on the Commission to dismiss Ms Hannan-Moon’s application.
Commission staff attempted to contact Ms Hannan-Moon on the following dates:
· 18 November 2024 by email;
· 21 November 2024 by email; and
· 28 November 2024 by telephone.
Ms Hannan-Moon has had ample opportunity to rectify the deficiency in their application and has had ample opportunity to show why her application should not be dismissed under s.587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein).
I have decided to dismiss Ms Hannan-Moon’s unfair dismissal application and make the following order:
1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Hannan-Moon on 12 November 2024 is dismissed.
DEPUTY PRESIDENT
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