Clarrie Tane v Humes T/A Holcim

[2015] FWC 1409

[2015] FWC 1409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Clarrie Tane
v
Humes T/A Holcim
(U2014/16443)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 17 MARCH 2015

Application for relief from unfair dismissal.

[1] On 17 December 2014, Mr Clarrie Tane made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009. Mr Tane posted a number of documents but did not complete an application form.

[2] On 18 December 2014, email correspondence was forwarded to Mr Tane which advised that no application form had been received with the documents lodged via the efiling facility and no payment of the lodgement fee had been made. On the same day, Mr Tane replied attaching the same documents and advising that he had completed the application form. A telephone message regarding these issues was left with Mr Tane’s partner.

[3] Later on 18 December 2014, Mr Tane emailed the Fair Work Commission attaching an incomplete Form F2 application form. On the same day, the Commission wrote to Mr Tane advising that the application was incomplete and the lodgement fee had not been paid.

[4] On 8 January 2015, the Commission attempted to contact Mr Tane on his mobile but there was no answer or ability to leave a message.

[5] On 8 January 2015, email correspondence was sent to Mr Tane requesting he provide the outstanding details as per the email sent to him on 18 December 2014.

[6] On 19 January 2015, an email was received from Mr Tane requesting an update and enquiring when he had to pay the lodgement fee.

[7] On 20 January 2015, Mr Tane was contacted by telephone and he advised he wished to proceed with the application.

[8] On 20 January 2015, email correspondence was sent to Mr Tane requesting completion of the application form and payment of the lodgement fee.

[9] On 4 February 2015, an email was received from Mr Tane with address details for the Respondent.

[10] On 16 February 2015, Mr Tane advised he would be paying the lodgement fee in the next day or so.

[11] On 5 March 2015, further correspondence was sent to Mr Tane regarding payment of the lodgement fee or lodgement of a fee waiver form.

[12] To date, Mr Tane has not contacted the Commission to provide the necessary details as requested or paid the lodgement fee.

[13] 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.

[14] In these circumstances, I have determined that the application was not made in accordance with the Act.

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

DEPUTY PRESIDENT

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