Harmony Rose Lockerby v City of Fremantle

[2022] FWC 1070

[2022] FWC 1070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Harmony Rose Lockerby
v

City of Fremantle

(U2022/3515)

VICE PRESIDENT CATANZARITI SYDNEY, 6 MAY 2022

Application for an unfair dismissal remedy.

1. Harmony Rose Lockerby was employed by City of Fremantle from the 2^nd of November 2015 through to the 21^st of February 2022.

1. On the 24^th of March 2022, Harmony Rose Lockerby made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act). The application was lodged 10 days out of time.
   
   

2. On the 1^st of April 2022, correspondence was sent to the applicant addressing the issue that her application was lodged outside of the 21 day timeframe. Harmony Rose Lockerby was given until 5:00pm on Wednesday the 6th of April to respond to this correspondence.
   
   

3. In response to this correspondence, the Applicant requested an extra 2 weeks to submit a response this material and was therefore given until 5:00pm Tuesday the 19^th of April to reply above mentioned correspondence. No response was given by this time.
   
   

4. On the 20^th of April 2022, further correspondence was sent to Harmony Rose Lockerby directing her to provide a response by 5:00pm on Friday the 22^nd of April 2022. It was in this correspondence that she was advised that in the absence of a reply, her application may be dismissed.

1. To date, Harmony Rose Lockerby has not responded to her matter being lodged out of time.

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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