Jamie Wade O'Sullivan v Bay Timber

[2014] FWC 4654

[2014] FWC 4654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jamie Wade O’Sullivan
v
Bay Timber
(U2014/6274)

COMMISSIONER WILSON MELBOURNE, 15 JULY 2014

Application for relief from unfair dismissal.

[1] On 7 April 2014, Mr Jamie Wade O’Sullivan 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 O’Sullivan in the Fair Work Commission (the Commission) was incomplete.

[3] On 7 April 2014, correspondence was sent to Mr O’Sullivan to request that he complete the application in full by 21 April 2014.

[4] Further correspondence was sent on 9 April 2014, which advised Mr O’Sullivan that payment of the application was required. A waiver application was provided to him to complete.

[5] On 11 April 2014, Mr O’Sullivan contacted the Commission in response to 9 April 2014 correspondence. Following attempts to make payment of the application, Mr O’Sullivan advised he would apply for a waiver of the lodgement fee.

[6] On 24 April 2014, The Commission contacted Mr O’Sullivan to ascertain as to when he was going to file a completed application and file a waiver application. He advised that they would be submitted soon.

[7] To date, Mr O’Sullivan has not completed a waiver form or a completed unfair dismissal application.

[8] 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.

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

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

COMMISSIONER

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