Emanuel Misarvidis v Dorevitch Pathology

[2016] FWC 3562

[2016] FWC 3562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Emanuel Misarvidis
v
Dorevitch Pathology
(U2016/6097)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 1 JUNE 2016

Application for relief from unfair dismissal.

[1] On 12 April 2016, Mr Emanuel Misarvidis made a telephone application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Misarvidis did not pay the required fee.

[3] On 26 and 28 April 2016, Mr Misarvidis was advised by telephone and by email correspondence, respectively, that his application required completion and payment of the filing fee or a completed waiver form if he wished to proceed with his application.

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

“(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 19 May 2016, the Commission contacted Mr Misarvidis by telephone in relation to the emailed correspondence dated on 12 April 2019. During this conversation he confirmed that he would complete an application and lodge it with the required fee.

[6] A further attempted to contact Mr Misarvidis, by telephone, on 25 May 2016 without success.

[7] The Commission has not had a response from Mr Misarvidis and payment of the required fee has not been made.

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

“(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.”

[9] 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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