Jazmine Waller v A.P.G Co Pty Ltd

[2024] FWC 1323

[2024] FWC 1323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Jazmine Waller
v

A.P.G Co Pty Ltd

(U2024/3625)

DEPUTY PRESIDENT EASTON SYDNEY, 21 MAY 2024

Application for an unfair dismissal remedy

1. Ms Jazmine Waller was employed by A.P.G Co Pty Ltd until she was dismissed. On 27 March 2024, Ms Waller filed an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

1. The application form filed by Ms Waller was incomplete in a number of respects.

1. On 8 April 2024, the Commission attempted to contact Ms Waller on the telephone number nominated on the application form, however this number was incorrect or incomplete. Attempts were made to call by adding the 04 and 02 prefixes to the incomplete number. In both instances, the number was not valid/not in service.

1. Later that day, the Commission emailed correspondence to Ms Waller’s nominated email address asking her to provide further details because her application was incomplete. The letter also asked Ms Waller to provide a valid contact number and advised that if the information was not provided within 14 days, the application may be dismissed. Ms Wallet did not respond to this email.

1. On 23 April 2024 another email was sent to Ms Waller asking for a response by 26 April 2024 and advising that the application may be dismissed if no response is provided.

1. On 14 May 2024 my Chambers emailed correspondence to Ms Waller providing a final opportunity to respond to the Commission inquiries. No response was received.

1. To date, no response has been received and Ms Waller has not provided the necessary details as requested.

1. Section 587(1) of the 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 prospects of success.

…

(3) The FWC may dismiss an application:

(a) on its own initiative; or
(b) on application.

1. In the circumstances I have decided to dismiss Applicant’s application utilising the facility provided by s.587(1)(a) of the Act.

1. The words, “without limiting when FWC may dismiss an application” in the chapeau of s.587(1) establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c). Ms Waller has not responded to the many attempts by the Commission to contact her. In this regard she has demonstrated an unwillingness to participate in proceedings commenced at her initiative (see Viavattene v Health Care Australia[2013] FWCFB 2532 at [39]). It is also available and appropriate to dismiss Ms Waller’s application for want of prosecution on my own initiative, utilising the facility provided by s.587(3)(a) of the Act.

1. I have separately made an order to this effect (PR775181).

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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