Elisa Evers v Rosamond Special School (placed through agency Lewis and Lewis of 384 Victoria St, Brunswick)

[2013] FWC 9533

[2013] FWC 9533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Elisa Evers
v
Rosamond Special School (placed through agency Lewis and Lewis of 384 Victoria St, Brunswick)
(U2013/14131)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 5 DECEMBER 2013

Application for relief from unfair dismissal.

[1] On 2 October 2013, Ms Elisa Evers made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Evers advised that her dismissal took effect on 13 October 2013.

[3] On 4 October 2013 and 22 October 2013, correspondence was sent to Ms Evers stating that, on the basis of the information contained in the application, her application was lodged before the dismissal took effect and therefore appeared to be made prematurely. The correspondence required Ms Evers to advise the Fair Work Commission (the Commission) in 14 days whether she wished to proceed with her application. Ms Evers was informed that failure to confirm would result in her application being dismissed.

[4] 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.

[5] In the circumstances of this matter, I am satisfied that the application was made before the dismissal took effect.

[6] Consequently, the application is dismissed. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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