Jessica Louise Doessel-Baul (Arnal) v The Trustee for Qi's Family Trust

[2022] FWC 3125

[2022] FWC 3125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Jessica Louise Doessel-Baul (Arnal)
v

The Trustee For Qi’s Family Trust

(U2022/10302)

COMMISSIONER BISSETT MELBOURNE, 29 NOVEMBER 2022

Application for relief from unfair dismissal – unpaid application – dismissal under s.587 at the Commission’s initiative.

1. On 25 October 2022 Mrs Jessica Louise Doessel-Baul (Arnal) made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

1. Mrs Doessel-Baul (Arnal) advised in her application that she commenced employment with The Trustee For Qi’s Family Trust on 18 April 2022 and that her dismissal took effect on 16 October 2022.

1. On 2 November 2022 the Commission attempted to contact Mrs Doessel-Baul (Arnal) on her nominated telephone number. A voicemail message was left requesting that she return the call to discuss her application and the minimum employment period.

1. Later that day, the Commission sent correspondence to Mrs Doessel-Baul (Arnal)’s nominated email address advising her that on the basis of the information provided in her application, she had not served the minimum employment period. The correspondence asked Mrs Doessel-Baul (Arnal) to file any documents or other evidence to support her claim that she had served the required minimum employment period. The correspondence also warned that if Mrs Doessel-Baul (Arnal) did not contact the Commission within 14 days, her application may be dismissed without further correspondence to her.

1. On 4 November 2022, Ms Doessel-Baul (Arnal) contacted the Commission’s helpline. During that telephone call, Ms Doessel-Baul (Arnal) advised that she wished to proceed with her application. She was advised that she needed to either pay the filing fee or provide a waiver to proceed. She was also informed that she needed to provide evidence that the minimum employment period had been met. The Commission provided Mrs Doessel-Baul (Arnal) with information regarding general protections involving dismissal but she confirmed that she wished to proceed with her current application.

1. After the conclusion of the telephone call on 4 November 2022, the Commission sent correspondence to Mrs Doessel-Baul (Arnal)’s nominated email address providing her with information about making payment.

1. On 7 November 2022 an SMS was sent to Mrs Doessel-Baul (Arnal)’s nominated telephone number requesting that she make the required payment.

1. As the required documentation was not received and payment was not made, on 15 November 2022 the Commission attempted to contact Mrs Doessel-Baul (Arnal) via her nominated telephone number. However, Mrs Doessel-Baul (Arnal) could not be reached and there was no capacity to leave a voicemail message. Correspondence was sent to Mrs Doessel-Baul (Arnal)’s nominated email address asking her to make payment.

1. Mrs Doessel-Baul (Arnal) has not responded to the Commission’s correspondence after 4 November 2022.

1. Section 395 of the FW Act, which deals with application fees, provides as follows:

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.

1. Section 587(1) of the FW 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 prospect of success.

1. In the circumstances where Mrs Doessel-Baul (Arnal) has failed to pay the filing fee or provide a waiver form I have determined that her application was not made in accordance with the FW Act and has no reasonable prospect of success.

1. As such, I order that the application be dismissed under s.587(1)(a) of the FW Act.

COMMISSIONER

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