Fima D'Orta-Ekenaike v TGS Partners Pty Ltd

[2015] FWC 5928

[2015] FWC 5928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Fima D’Orta-Ekenaike
v
TGS Partners Pty Ltd
(U2015/9309)

COMMISSIONER WILSON MELBOURNE, 26 AUGUST 2015

Application for relief from unfair dismissal.

[1] On 13 July 2015, Mrs Fima D’Orta-Ekenaike made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mrs D’Orta-Ekenaike did not pay the required fee.

[3] On 14 July 2015, the Commission attempted to contact Mrs D’Orta-Ekenaike, the call was not answered and a voice message was left. On 15 July 2015, Mrs D’Orta-Ekenaike contacted the Commission and advised she will file a waiver fee form.

[4] On 23 July 2015, the Commission attempted to contact Mrs D’Orta-Ekenaike, the call was not answered and a voice message was left. On the same date, the Commission sent email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[5] 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.

[6] On 7 August 2015, the Commission attempted to contact Mrs D’Orta-Ekenaike, the call was not answered and a voice message was left. On the same date, the Commission sent email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[7] No response has been received from Mrs D’Orta-Ekenaike and payment of the required fee has not been made.

[8] 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.

[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.

COMMISSIONER

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