Georgia Blackah v The Trustee for McGlinchey Family Trust T/A West Brew

[2021] FWC 3644

[2021] FWC 3644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Georgia Blackah
v
The Trustee for McGlinchey Family Trust T/A West Brew
(U2021/3738)

VICE PRESIDENT CATANZARITI SYDNEY, 24 JUNE 2021

Application for an unfair dismissal remedy.

[1] On 1 May 2021, Georgia Blackah filed an application with the Fair Work Commission (the Commission) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Miss Blackah says she was employed by The Trustee for McGlinchey Family Trust T/A West Brew (West Brew) from 17 April 2019 until she was dismissed on 23 April 2021.

[3] On 21 May 2021, West Brew filed an Employers Response (form F3) raising a jurisdictional objection on the basis that Miss Blackah did not serve the minimum employment period.

[4] My chambers sent correspondence to Miss Blackah on 9 June 2021 requiring her to provide a statement to support her claim that she had served the minimum employment period. She was asked to provide the information within seven days. A response was not received from Miss Blackah.

[5] On 17 June 2021, further correspondence was sent to Miss Blackah directing her to provide a response by 4.00pm on 22 June 2021. She was advised that in the absence of a reply her application may be dismissed.

[6] To date, Miss Blackah has not responded to any of the Commission’s correspondence.

[7] Section 587 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.

(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.

[8] The words, “Without limiting when FWC may dismiss an application” at the commencement of s.587(1) of the Act, establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c).

[9] In the circumstances I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the Act.

[10] An order to that effect will issue with this decision.

VICE PRESIDENT

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