Jack Grant v Andrew Smith Timber Creations Pty Ltd

[2015] FWC 1569

[2015] FWC 1569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jack Grant
v
Andrew Smith Timber Creations Pty Ltd
(U2015/280)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 6 MARCH 2015

Application for unfair dismissal remedy.

[1] On 22 January 2015, Mr Jack Grant 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 Grant in the Fair Work Commission was incomplete in the following respects:

• Mr Grant did not file a F2 application form with his lodgement;



• Mr Grant only filed letters from his employer and a Medical Certificate;



• Mr Grant did not pay the filing fee at time of lodgement.

[3] On 29 January 2015, Mr Grant was asked by telephone to provide an application form to the Commission as well as payment of the filing fee in order to have a valid lodgement. Mr Grant was also advised of where to find the application form on our website as well as Waiver form if required. Mr Grant was asked by telephone to provide this as soon as possible.

[4] On 29 January 2015, the Commission emailed Mr Grant giving him 14 days to provide the necessary documents to complete the lodgement.

[5] On 4 February 2015, Mr Grant was contacted by phone to follow up his incomplete lodgement. Mr Grant verbally advised he would be submitting a complete application.

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

[7] 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.

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

[9] Consequently, the application is dismissed under s.587(1)(a) of the Act.

DEPUTY PRESIDENT

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