Dayle Randle v Hume Doors and Timber Pty Ltd T/A Hume Doors & Windows

[2016] FWC 8593

[2016] FWC 8593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Dayle Randle
v
Hume Doors and Timber Pty Ltd T/A Hume Doors & Windows
(U2016/13318)

SENIOR DEPUTY PRESIDENT O’CALLAGHAN ADELAIDE, 30 NOVEMBER 2016

Application for relief from unfair dismissal – incomplete application – application dismissed.

[1] On 4 November 2016, Mr Dayle Randle made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (the Act).

[2] The F2 unfair dismissal application form filed by Mr Randle in the Fair Work Commission (the Commission) was incomplete in the following respects:

● Question 1.1 - What date did you begin working for your employer? was not complete.

[3] On 7 November 2016, the Commission attempted to contact Mr Randle on his mobile phone. A message was left requesting Mr Randle to contact the Commission.

[4] On 9 November 2016, Mr Randle was asked by letter to provide further details within 14 days and that in the absence of information being received his application may be dismissed. The letter was sent by post and email to Mr Randle.

[5] On 21 November 2016, the Commission made a further unsuccessful attempt to contact Mr Randle on his mobile phone. On the same date, a further email was sent to Mr Randle advising his application was incomplete.

[6] The Commission again unsuccessfully attempted to contact Mr Randle on his mobile phone on 24 November 2016.

[7] Mr Randle did not contact the Commission or provide the necessary details as requested.

[8] 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.

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

[10] Consequently, the application is dismissed under s.587(1)(a) of the Act. An Order (PR588056) to this effect will be issued.

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<Price code A, PR588055>