Felicity Wright v Kids Club Early Learning Centre T/A Kids Club

[2019] FWC 3381

[2019] FWC 3381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Felicity Wright
v
Kids Club Early Learning Centre T/A Kids Club
(U2019/2428)

DEPUTY PRESIDENT DEAN SYDNEY, 15 MAY 2019

Application for an unfair dismissal remedy.

[1] On 6 March 2019, Ms Felicity Wright made an application to the Fair Work Commission for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] Ms Wright did not pay the required fee.

[3] 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.

[4] On 6 March 2019 attempts were made to contact Ms Wright by telephone, and email correspondence was sent later on the same day advising that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application. No response had been received from Ms Wright.

[5] Further attempts were made to contact Ms Wright on 10 April and 10 May 2019 without success. Ms Wright did not respond to any of the Commission correspondence and did not make the payment of the required fee.

[6] 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.

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

DEPUTY PRESIDENT

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