Dewayne Sampson v Programmed T/A Skilled Group

[2016] FWC 7838

[2016] FWC 7838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Dewayne Sampson
v
Programmed T/A Skilled Group
(U2016/11809)

DEPUTY PRESIDENT CLANCY MELBOURNE, 28 OCTOBER 2016

Application for relief from unfair dismissal.

[1] On 26 September 2016, Mr Dewayne Sampson made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009, together with a waiver application, however the waiver received by the Registry was blank.

[2] On 27 September 2016, Mr Sampson was advised by email correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. He was advised in the absence of advice from him within 14 days, his application may be dismissed.

[3] Mr Sampson did not pay the required fee nor was a completed waiver application received.

[4] Section 395, which deals with application fees, provides:

395 Application fees

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.

[5] On 11 October 2016 and 25 October 2016 the Fair Work Commission (the Commission) attempted to contact Mr Sampson in relation to the correspondence dated 27 September 2016. Messages were left on his answering machine asking that he contact the Commission in relation to non-payment of the prescribed filing fee.

[6] No response was received from Mr Sampson and payment of the required fee, nor completed waiver application, has been received.

[7] 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.

[8] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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