Geoffrey Reardon v Integrity

[2017] FWC 797

[2017] FWC 797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Geoffrey Reardon
v
Integrity
(U2017/390)

DEPUTY PRESIDENT BULL PERTH, 7 FEBRUARY 2017

Application for an unfair dismissal remedy.

[1] On 12 January 2017, Mr Geoffrey Reardon made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] The application form filed by Mr Reardon in the Fair Work Commission (the Commission) was incomplete in the following respects:

● The respondent employer was not able to be identified as the name provided for the respondent was incomplete and there was no contact address, telephone number or email provided;
● The date the applicant commenced working for the respondent was not provided;
● The application was made without payment of the filing fee and no fee waiver application was lodged.

[3] On 12 January 2017, in a letter emailed from the Commission to Mr Reardon’s supplied email address, Mr Reardon was asked to provide further details by 26 January 2017 to complete his application. A further letter from the Commission was emailed to Mr Reardon on 24 January 2017, again requesting he provide the information requested to complete his application and provide payment of the filing fee.

[4] Attempts to call Mr Reardon via telephone were unsuccessful as the telephone number provided by Mr Reardon as his contact number was the wrong number.

[5] Mr Reardon did not contact the Commission nor provide the necessary details as requested in letters sent by the Commission on 12 January and 24 January 2017.

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

[8] Consequently, the application is dismissed under s.587(1)(a) of the Act. An order reflecting this is issued concurrently with this decision.

DEPUTY PRESIDENT

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