Daphne Richter v Costello Imperial Hotel T/A Imperial Hotel

[2015] FWC 1563

[2015] FWC 1563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Daphne Richter
v
Costello Imperial Hotel T/A Imperial Hotel
(U2015/2300)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 6 MARCH 2015

Application for relief from unfair dismissal.

[1] On 12 January 2015, Ms Daphne Richter made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] The application form filed by Ms Richter did not include payment of the application fee or a waiver fee application form.

[3] On 13 January 2015, the Commission spoke to Ms Richter and advised a waiver application form would be posted to her.

[4] On 27 January, 29 January and 2 February 2015, the Commission attempted to contact Ms Richter by telephone and no voicemail was able to be left.

[5] To date, Ms Richter has not contacted the Commission or provided 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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