Christopher Scott Palmer v LAC Hospitality Services T/A Cactus Jacks

[2016] FWC 8510

[2016] FWC 8510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Christopher Scott Palmer
v
LAC Hospitality Services T/A Cactus Jacks
(U2016/12618)

DEPUTY PRESIDENT CLANCY MELBOURNE, 28 NOVEMBER 2016

Application for relief from unfair dismissal.

[1] On 17 October 2016, Mr Christopher Scott Palmer made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (the Act).

[2] The application form filed by Mr Palmer in the Fair Work Commission (the Commission) was incomplete as he did not provide a response to questions 1.2 and 1.3 of his application, namely, the date of notification of dismissal and the date dismissal took effect.

[3] On 18 October 2016, the Commission attempted to contact Mr Palmer via telephone and a voicemail was left. On the same date, an email was sent to Mr Palmer advising the application was incomplete and further details were required. It was also noted that payment or a completed application for waiver was required and that in the absence of advice being received within 14 days, his application may be dismissed.

[4] On 1 November 2016, the Commission again attempted to contact Mr Palmer via telephone and a voicemail was left. On the same date, a follow up letter was sent to Mr Palmer advising that his application remained incomplete and that in the absence of advice from him within 14 days, his application may be dismissed.

[5] On 7 November 2016, a further attempt to telephone Mr Palmer was made and a voicemail was left.

[6] To date, Mr Palmer has not contacted the Commission or provided the necessary details as requested.

[7] 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.

[8] 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

Printed by authority of the Commonwealth Government Printer

<Price code A, PR587955>