James Harmer v The Trustee for Mario Lambiase Family Trust

[2022] FWC 2773

[2022] FWC 2773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

James Harmer
v

The Trustee For Mario Lambiase Family Trust

(U2022/9505)

COMMISSIONER BISSETT MELBOURNE, 17 OCTOBER 2022

Application for relief from unfair dismissal – incomplete application – dismissal under s.587 at the Commission’s initiative.

1. On 25 September 2022 Mr James Harmer made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

1. The application form filed by Mr Harmer was incomplete in that he did not provide contact details for the Respondent. 

1. On 27 September 2022 the Commission contacted Mr Harmer’s representative, Mr Stephen Gaffney via his nominated telephone number to request the missing details. The Commission advised Mr Gaffney that the contact details provided for the Respondent were incorrect as they were the same as the Applicant’s contact details. Mr Gaffney confirmed that he would contact Mr Harmer and send the Commission an amended application with the correct Respondent details.

1. On 28 September 2022 the Commission emailed correspondence to Mr Harmer’s and Mr Gaffney’s nominated email addresses requesting that they provide further details as the application was incomplete as the contact details provided for the Respondent were incorrect. That correspondence also advised that if the required information was not provided within 14 days, the application may be dismissed. 

1. As the required information was not received, on 11 October 2022 the Commission attempted to contact Mr Gaffney on his nominated telephone number. A voicemail message was left advising that the matter was still incomplete and that the matter may be dismissed if an amended application was not received by close of business 12 October 2022.

1. To date, no response has been received and Mr Harmer and Mr Gaffney have not provided the necessary details as requested.

1. Section 587(1) of the FW Act provides as follows:

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 prospect of success.

1. In these circumstances, I have determined that the application was not made in accordance with the FW Act.

1. As such, the application is dismissed under s.587(1)(a) of the FW Act. An order[1] to this effect will be issued shortly.

COMMISSIONER

[1] PR746874

Printed by authority of the Commonwealth Government Printer

<PR746873>