Jennifer Forsyth v Royston Stud (Em Kelly) T/A Royston Stud

[2016] FWC 1489

[2016] FWC 1489

The attached document replaces the document previously issued with the above code on 8 March 2016.

The paragraph numbering has now been corrected.

Elizabeth O’Brien

Relief Associate to Deputy President Gooley

Dated: 8 March 2016

[2016] FWC 1489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jennifer Forsyth
v
Royston Stud (EM Kelly) T/A Royston Stud
(U2016/4258)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 8 MARCH 2016

Application for relief from unfair dismissal.

[1] On 3 February 2016, Ms Jennifer Forsyth made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (the Act).

[2] Ms Forsyth did not pay the required fee.

[3] On 4 February 2016, the Commission telephoned Ms Forsyth and a voice message was left advising that her application remained unpaid.

[4] On 4 February 2016, Ms Forsyth was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application. Ms Forsyth was advised that in the absence of any advice from her within 14 days, her application may be dismissed.

[5] Section 395, which deals with application fees, provides:

395 Application fees

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.

[6] On 18 February 2016, a further letter was sent to Ms Forsyth and telephone call was made requesting payment of the filing fee. Ms Forsyth was advised that in the absence of any advice from her within 14 days, the application may be dismissed.

[7] On 3 March 2016, a final attempt to contact Ms Forsyth was made regarding payment of the required fee and the call was answered by Ms Forsyth’s friend who advised that Ms Forsyth had settled the matter and is now residing in New Zealand.

[8] To date, Ms Forsyth has not made further contact with the Commission and payment of the required fee has not been made.

[9] 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.

[10] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act.

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

DEPUTY PRESIDENT

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