Craig Twyford v Woolstar Pty Limited

[2014] FWC 4939

[2014] FWC 4939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Craig Twyford
v
Woolstar Pty Limited
(U2014/1446)

COMMISSIONER WILSON MELBOURNE, 23 JULY 2014

Application for relief from unfair dismissal.

[1] On 27 April 2014, Mr Craig Twyford 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 Twyford was made on a Form F1 - Application (no specific form provided).

[3] On 29 April 2014, 5 May 2014 and 16 July 2014, Mr Twyford was contacted by telephone and was advised that his application was not made using the correct form (a Form F2 - Application for remedy from unfair dismissal). He was asked to provide an amended application and on each occasion Mr Twyford advised that he would file an amended application.

[4] To date Mr Twyford has not filed an amended application.

[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 these 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR553431>