Craig Duncan v Kgnavit T/A Joyce Mayne Warrawong

[2019] FWC 1648

[2019] FWC 1648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Craig Duncan
v
Kgnavit T/A Joyce Mayne Warrawong
(U2019/485)

DEPUTY PRESIDENT DEAN SYDNEY, 13 MARCH 2019

Application for an unfair dismissal remedy.

[1] On 15 January 2019, Mr Craig Duncan made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] The application form filed by Mr Duncan in the Fair Work Commission was incomplete in the following respects: Questions 1.1 and 1.2 on form F2 were left blank.

[3] On 15 January 2019 Mr Duncan was asked by email to provide further details by 29 January 2018. Further attempts to contact Mr Duncan by telephone were made on 15 and 24 January 2019.

[4] Mr Duncan did not contact the Commission or provide the necessary details as requested.

[5] 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.

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

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

DEPUTY PRESIDENT

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