Derrick Sharp v Airlie Marina Kiosk

[2013] FWC 6688

[2013] FWC 6688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Derrick Sharp
v
Airlie Marina Kiosk
(U2013/12210)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 10 SEPTEMBER 2013

Application for relief from unfair dismissal.

[1] On 5 August 2013, Mr Derrick Sharp made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

• No payment of the lodgement fee was provided;



• The application was not signed and dated; and



• Questions in the application were incomplete.

[3] On 5 August 2013, Mr Sharp was asked by email to provide further details and payment by 19 August 2013.

[4] On 15 August 2013, Mr Sharp was telephoned regarding the missing information and the payment of the $65.50 filing fee.

[5] Mr Sharp did not contact the Commission or provide the necessary details as requested.

[6] Section 587(1) of the Act provides:

58 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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