Deane Cheryl Dobson v Bapcor Services Pty Ltd
[2022] FWC 1063
•6 MAY 2022
| [2022] FWC 1063 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Deane Cheryl Dobson
v
Bapcor Services Pty Ltd
(U2022/4238)
| COMMISSIONER BISSETT | MELBOURNE, 6 MAY 2022 |
Application for an unfair dismissal remedy – unpaid application – dismissal under s.587 at the Commission’s initiative.
On 12 April 2022 Ms Deane Cheryl Dobson made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).
The application form filed by Ms Dobson was incomplete in that her date of dismissal was not specified on the Form F2 application form, and the fee waiver application form submitted was incomplete.
On 12 April 2022 the Commission contacted Ms Dobson on her nominated telephone number to request the missing details. During the call Ms Dobson advised that the commencement date on the application was incorrect and verbally provided the effective date for the termination as 15 March 2022. Ms Dobson was advised that the corrected date of commencement and date of effective dismissal would need to be provided in writing to the Commission.
Later that day, the Commission emailed correspondences to Ms Dobson’s nominated email address advising that the application was incomplete and required payment of the fee or a completed fee waiver. The correspondence also advised that if the completed forms were not provided within 14 days, the application may be dismissed.
As the required information was not received, on 22 April 2022 the Commission attempted to contact Ms Dobson on her nominated telephone number. A voicemail message was left requesting that Ms Dobson urgently contact the Commission in relation to the application and advising that the amended application and completed fee waiver application were still required to be submitted to the Commission.
A final attempt to contact Ms Dobson on her nominated telephone number was made on 28 April 2022. A voicemail was left requesting urgent return contact or submission of the outstanding documents and advising that the matter was now at risk of being dismissed.
To date, no response has been received and Ms Dobson has not provided the necessary details as requested.
Section 587(1) of the FW Act provides as follows:
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 prospect of success.
In these circumstances, I have determined that the application was not made in accordance with the FW Act. As such, the application is dismissed under s.587(1)(a) of the FW Act. An order[1] to this effect will be issued with this decision.
COMMISSIONER
[1] PR741336.
Printed by authority of the Commonwealth Government Printer
<PR741335>
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