Fiona Chaio v Merrylands Christian Pre-School

[2021] FWC 6345

[2021] FWC 6345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Fiona Chaio
v
Merrylands Christian Pre-School
(U2021/8694)

COMMISSIONER BISSETT MELBOURNE, 16 NOVEMBER 2021

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

[1] On 29 September 2021 Miss Fiona Chaio 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 Chaio was incomplete in that was not signed, the question as to the date dismissal took effect was not answered, and the application fee was not paid.

[3] On 1 October 2021 the Commission attempted to contact Miss Chaio on her nominated telephone number to request the missing details. Miss Chaio did not answer the call. A voicemail message was left requesting Miss Chaio to return the call to pay the filing fee and to provide the date her dismissal took effect. Ms Chaio was also advised that the application was incomplete as it was not signed and tis would need to be done.

[4] Later that day the Commission emailed correspondence to Miss Chaio’s nominated email address requesting that she provide further details as the application was incomplete, and requesting her to complete Q1.4, sign and return the form to us. Ms Chaio was also advised that she needs to pay the application fee or apply to have the fee waived.

[5] That correspondence also advised that if the completed form and payment of the application fee were not provided within 14 days the application may be dismissed.

[6] As the required information was not received, on 13 October 2021 the Commission attempted to contact/contacted Miss Chaio on her nominated telephone number. A voicemail message was left as to the issues with her application outlined above.

[7] To date, no response has been received and Miss Chaio has not provided the necessary details as requested.

[8] 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.

[9] In these circumstances, I have determined that the application was not made in accordance with the FW Act.

[10] As such, the application is dismissed under s.587(1)(a) of the FW Act. An order to this effect will be issued shortly.

COMMISSIONER

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