Domagoj Dajak v Super Cheap Auto
[2023] FWC 378
•16 FEBRUARY 2023
| [2023] FWC 378 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Domagoj Dajak
v
Super Cheap Auto
(U2023/502)
| COMMISSIONER BISSETT | MELBOURNE, 16 FEBRUARY 2023 |
Application for relief from unfair dismissal – incomplete application – dismissal under s.587 at the Commission’s initiative.
On 20 January 2023 Mr Domagoj Dajak 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 Mr Dajak was incomplete in that he did not sign and date the form or provide respondent details including address, phone number or email address.
On 23 January 2023 the Commission attempted to contact Mr Dajak on his nominated telephone number to request the missing details. Mr Dajak did not answer the call. A voicemail message was left requesting Mr Dajak to call the Commission and reply to the email sent following the telephone call to provide a signed and dated form with respondent contact details. An SMS notification was also sent to Mr Dajak’s nominated telephone number requesting that they contact the Commission.
Later that day, the Commission emailed correspondence to Mr Dajak’s nominated email advising that he provide further details as the application was incomplete in that the respondent contact details were not provided and the form was not signed or dated. That correspondence also advised that if the signed and dated form with respondent contact details were not provided within 14 days, the application may be dismissed.
As the required information was not received the Commission attempted to contact Mr Dajak on his nominated telephone number on 7 February 2023. A voicemail message was left requesting Mr Dajak to provide a signed and dated form with respondent details and to contact the Commission urgently.
To date, no response has been received and Mr Dajak 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.
COMMISSIONER
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