Emma Mulley v Elderslie Family Store T/A VJ's Takeaway

[2021] FWC 535

[2021] FWC 535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Emma Mulley
v
Elderslie Family Store T/A VJ’s Takeaway
(U2021/259)

COMMISSIONER BISSETT MELBOURNE, 3 FEBRUARY 2021

Application for relief from unfair dismissal – incomplete application – dismissal under s.587 at the Commission’s initiative.

[1] On 8 January 2021 Miss Emma Mulley 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).

[2] The application form filed by Miss Mulley was incomplete in that she did not provide the commencement date of employment.

[3] On 11 January 2021 the Commission contacted Miss Mulley on her nominated telephone number to request the missing details. The Commission advised Miss Mulley that she had not provided the commencement date of employment. Miss Mulley advised she was unsure what date she could provide as the Employer had new owners three months before she was dismissed. The Commission provided Miss Mulley with a contact telephone number for a Community Legal Centre and requested Miss Mulley provide the commencement date of employment.

[4] On 12 January 2021 the Commission emailed correspondence to Miss Mulley’s nominated email address asking that she provide further details in relation to the commencement date of her employment as the application was incomplete. That correspondence also advised that if the commencement date of employment was not provided within 14 days the application may be dismissed. An SMS notification was also sent to Miss Mulley’s nominated telephone number, requesting that she contact the Commission.

[5] As the required information was not received, on 27 January 2021 the Commission attempted to contact Miss Mulley on her nominated telephone number. A voicemail message was left requesting Miss Mulley contact the Commission as soon as possible.

[6] To date, no response has been received and Miss Mulley has not provided the details as requested.

[7] 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.

[8] 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. An order 1 to this effect will be issued with this decision.

COMMISSIONER

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