Hanna Rosenthal v CatholicCare

[2023] FWC 2055

[2023] FWC 2055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.773—Termination of employment

Hanna Rosenthal
v

CatholicCare

(C2023/3908)

VICE PRESIDENT CATANZARITI SYDNEY, 17 AUGUST 2023

Application to deal with an unlawful termination dispute

1. Hanna Rosenthal (the applicant) was employed by CatholicCare (the respondent) and was allegedly terminated of her employment on the 21^st of July 2023.

1. On the 5^th of July 2022, the applicant made an application to deal with an unlawful termination dispute under section 773 of the Fair Work Act 2009 (the Act).

1. On the 25^th of July 2022, correspondence was sent to the applicant regarding the possibility that the respondent was a National System Employer and she was required to respond by the 1^st of August 2022. No response was received by the applicant at this time.
   
   

2. Further correspondence was sent on the 2^nd of August 2022 requiring the applicant to respond by 5:00pm on the 4^th of August 2022. It was at this point in time that the applicant was informed if no response was received, her application would be dismissed without further notice.
   
   

3. To date, the applicant has not responded to the jurisdictional issues, or any further correspondence sent by my Chambers in writing.

1. 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.

1. 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).

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

1. An order to that effect will issue with this decision.

VICE PRESIDENT

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