David Gardner v Strong Hands

[2019] FWC 6949

[2019] FWC 6949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

David Gardner
v
Strong Hands
(U2019/9231)

COMMISSIONER BISSETT MELBOURNE, 10 OCTOBER 2019

Application for an unfair dismissal remedy.

[1] On 19 August 2019, Mr David Gardner made an application to the Fair Work Commission (Commission) for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application form filed by Mr Gardner in the Commission was incomplete in that no appropriate contact details were provided for Strong Hands (Respondent). The postal address was incomplete with no street number, and there was no email address listed for the Respondent contact person.

[3] The Commission attempted to telephone Mr Gardner on 20 August 2019 to request the missing details, however, he was unable to be reached. There was no ability to leave a voicemail message.

[4] On 26 August 2019, the Commission made a further attempt to contact Mr Gardner by telephone. There was no ability to leave a voicemail message. Also on this date, the Commission made an attempt to contact the Respondent by telephone. A voicemail message was left requesting a call back.

[5] On 27 August 2019, the Commission emailed correspondence to Mr Gardner requesting that he provide further details as the application was incomplete.

[6] On 17September 2019, two further attempts to contact Mr Gardner by telephone were made. There was no facility to leave a voicemail message. Also on this date, the Commission made a further call to the Respondent contact person requesting contact details.

[7] On 30 September 2019, a final attempt was made to contact Mr Gardner by telephone. There was no facility to leave a voice message.

[8] Mr Gardner did not contact the Commission or provide the necessary details as requested.

[9] Section 587(1) of the FW 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.

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

[11] As such, the application is dismissed under s.587(1)(a) of the FW Act. An Order 1 giving effect to this decision will be issued separately.

COMMISSIONER

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