James See v Respondent

[2015] FWC 6667

[2015] FWC 6667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

James See
v
Respondent
(U2015/11226)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 28 SEPTEMBER 2015

Application for relief from unfair dismissal.

[1] On 24 August 2015, Mr James See made an application for remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

[2] The application form filed by Mr See in the Fair Work Commission was incomplete as there were no details provided as to who the Respondent is. The application also appears to have been filed out of time.

[3] On 24 August 2015, Mr See was sent correspondence asking that he provide a completed application. Mr See was advised in the absence of any advice from him within 14 days of the date of the letter, his application may be dismissed.

[4] On 7 September 2015, the Commission attempted to contact Mr See via telephone. As there was no answer, a voicemail message was left. On the same day, further correspondence was sent to Mr See requesting he provide a completed application. Mr See was again advised in the absence of any advice from him within 14 days of the date of the letter, his application may be dismissed.

[5] On 23 September 2015, the Commission attempted to contact Mr See via telephone in relation to the previous correspondence. There was no answer and a voicemail message was left.

[6] Mr See 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 section 587(1)(a) of the Act.

DEPUTY PRESIDENT

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