Ian Morgan Ramsey v

[2014] FWC 9149

[2014] FWC 9149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ian Morgan Ramsey
v
(U2014/9607)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 16 DECEMBER 2014

Application for relief from unfair dismissal.

[1] On 7 October 2014, Mr Ian Morgan Ramsey made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] The application was lodged using the Fair Work Commission (the Commission)’s efiling system. Mr Ramsay did not provide an application on a Commission approved form (Form F2). In place of an application, he attached an email which advised that he wanted to lodge a claim for unfair dismissal however as he was overseas he was unable to provide any further information.

[3] On 7 October 2014, Mr Ramsey was contacted by telephone to advise that he needed to submit a completed form if he wished to proceed with his application. Mr Ramsey stated that he would do that as soon as possible.

[4] On 7 November 2014, Mr Ramsey was reminded by email correspondence that he needs to send a complete form if he wished to proceed with his application.

[5] To date, Mr Ramsey has not contacted the Commission or provided the necessary details as requested.

[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.

DEPUTY PRESIDENT

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