Deborah Ayres v Fire Service Employment Pty Ltd

[2023] FWC 142

[2023] FWC 142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Deborah Ayres
v

Fire Service Employment Pty Ltd

(U2019/5306)

COMMISSIONER BISSETT MELBOURNE, 19 JANUARY 2023

Application for an unfair dismissal remedy

1. On 10 May 2019 Ms Deborah Ayres (the Applicant) made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the FW Act) alleging she was unfairly dismissed by Fire Service Employment Pty Ltd (the Respondent).

1. On 25 June 2019 the Commission was made aware that the Respondent had entered external administration. On 14 August 2019 a Decision[1] was issued staying the matter until leave of a Court was granted.

1. On 6 January 2023 the Commission sent correspondence to Ms Ayres’ nominated email address advising her that her matter is at risk of being dismissed as it is apparent she does not intend to seek the leave of the Court. Ms Ayres was asked to reply by 12.00 pm 13 January 2023.

1. The Commission has not received any correspondence from Ms Ayres.

1. Section 587 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 prospects of success.

1. In the circumstances where leave of the Court is required to proceed, and that leave has not been sought by Ms Ayres, I am satisfied that Ms Ayres’ application has no reasonable prospects of success.

1. As such, I order that the application be dismissed pursuant to s.587(1)(c) of the FW Act.

COMMISSIONER

[1] [2019] FWC 5636

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