Janelle Parker v The Trustee for JL&P Unit Trust
[2025] FWC 571
•25 FEBRUARY 2025
| [2025] FWC 571 |
| FAIR WORK COMMISSION |
| DECISION and ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Janelle Parker
v
The Trustee For JL&P Unit Trust
(U2025/29)
| DEPUTY PRESIDENT EASTON | SYDNEY, 25 FEBRUARY 2025 |
Application for an unfair dismissal remedy – application fee not paid or waived – application not made in accordance with the Act - application dismissed.
On 2 January 2025, Ms Janelle Parker made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
The application filed by Ms Parker was not made in accordance with the Act (per s.587(1)(a)) because the prescribed fee (per s.395) has not been paid or waived. Section 587 confers a discretion on the Commission to dismiss Ms Parker’s application.
Commission staff attempted to contact Ms Parker on the following dates:
· 3 January 2025 by telephone;
· 7 January 2025 by telephone, SMS and email;
· 14 January 2025 by telephone; and
· 16 January 2025 by telephone.
Ms Parker has had ample opportunity to rectify the deficiency in her application and has had ample opportunity to show why her application should not be dismissed under s.587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein).
I have decided to dismiss Ms Parker’s unfair dismissal application and make the following order:
1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Janelle Parker on 2 January 2025 is dismissed.
DEPUTY PRESIDENT
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