Courtney Proud v

[2023] FWC 2612

[2023] FWC 2612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Courtney Proud
v

PTC Repairs and Accessories NQ Pty Ltd

(U2023/7515)

COMMISSIONER BISSETT MELBOURNE, 10 OCTOBER 2023

Application for relief from unfair dismissal – incomplete application – dismissal under s.587 at the Commission’s initiative

1. On 12 August 2023 Courtney Proud (the Applicant) made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

1. The Applicant advised in the Form F2 Unfair Dismissal Application that they commenced employment with PTC Repairs and Accessories NQ Pty Ltd (the Respondent) on 6 February 2023 and that their dismissal took effect on 4 August 2023. The fee waiver form submitted alongside the Form F2 was also incomplete in that the Commission only received the last page of the fee waiver form.

1. On 16 August 2023 the Commission emailed correspondence to the Applicant’s nominated email address advising that, based on the information provided in the Form F2, they had not served the minimum employment period. The correspondence directed the Applicant to file any documents or other evidence to support their claim that they had served the required minimum employment period. The correspondence advised that a completed fee waiver form or payment of the application fee was also required. This correspondence also warned that if the Applicant did not contact the Commission within 14 days, the application may be dismissed without further notice.

1. On 17 August 2023 the Commission attempted to contact the Applicant on their nominated telephone number to discuss the minimum employment period and payment of the required application fee or completion of the fee waiver form. The Applicant could not be reached and there was no facility to leave a voicemail message.

1. On 28 August 2023 the Commission again attempted to contact the Applicant on their nominated telephone number to discuss the minimum employment period and payment of the required fee, or completion of the fee waiver form. The Applicant could not be reached and there was no voicemail message option available.

1. Later that day the Commission received an email from the Applicant stating that they commenced employment with the Respondent on 5 February and that their dismissal took effect on 4 August.

1. On 29 August 2023 the Commission attempted to contact the Applicant on their nominated telephone number to discuss the minimum employment period, and payment of the required application fee or the filing of a completed fee waiver form. However, the Applicant could not be reached. There was no facility to leave a voicemail message.

1. Later that day the Commission emailed correspondence to the Applicant’s nominated email address advising that a completed fee waiver or payment of the application fee was required. This correspondence also warned that if the Applicant did not contact the Commission within 14 days, the application may be dismissed without further notice.

1. On the same day the Commission received a further email from the Applicant reiterating that they commenced employment with the Respondent on 5 February and their dismissal took effect on 4 August. The Applicant stated that they are aware their employment service period is one day short of the required minimum employment period of six months. They further stated that the Respondent is a not a small business.

1. On 30 August 2023 the Commission contacted the Applicant on their nominated telephone number to discuss the incomplete fee waiver form. The Applicant advised she will complete the fee waiver form and send it to Commission within 20 minutes of the call. Nothing was received by the Commission.

1. On 12 September 2023 the Commission made a further attempt to contact the Applicant to discuss a completed fee waiver form. However, the Applicant could not be reached, and a voicemail message could not be left.  

1. Later that day the Commission emailed correspondence to the Applicant’s nominated email address advising that, based on the further information provided about their employment dates with the Respondent, they may not have served the minimum employment period. The correspondence also advised that a completed fee waiver form or payment of the application fee was still outstanding. This correspondence also warned that if the Applicant did not contact the Commission by 13 September 2023, the application may be dismissed without further notice.

1. To date, the Applicant has not provided any further correspondence to the Commission.

1. Section 587(1) of the FW Act provides as follows:

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 prospect of success.

1. In these circumstances, I have determined that the application was not made in accordance with the FW Act. As such, the application is dismissed under s.587(1)(a) of the FW Act.

COMMISSIONER

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