Clancy McMahon v Graincorp

[2013] FWC 7835

[2013] FWC 7835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Clancy McMahon
v
Graincorp
(U2013/11053)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 8 OCTOBER 2013

Application for relief from unfair dismissal.

[1] On 1 July 2013, Mr Clancy McMahon made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009. Mr McMahon lodged the application by telephone.

[2] The application form filed by Mr McMahon in the Fair Work Commission (the Commission) was incomplete in the following respects:

• Mr McMahon only provided the Commission with his personal details, the details of the Respondent as well as his dates of employment. All other questions on the F2 form remained unanswered.



• The F2 application form was also unsigned and unpaid at the time of lodgement.

[3] On 2 July 2013, the Commission sent a letter to Mr McMahon attaching the incomplete application requesting that it be completed.

[4] On 3 September 2013, the Commission telephoned Mr McMahon on his landline and mobile phone but Mr McMahon did not an answer the calls.

[5] Mr McMahon did not contact the Commission or provide 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] In these circumstances, I have determined that the application was not made in accordance with the Act.

[8] Consequently, the application is dismissed under s.587(1)(a) of the Act.

DEPUTY PRESIDENT

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