Jessica Taggert-Dedic v Myer Pty Ltd T/A Myer

[2018] FWC 196

[2018] FWC 196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jessica Taggert-Dedic
v
Myer Pty Ltd T/A Myer
(U2017/12579)

COMMISSIONER BISSETT MELBOURNE, 12 JANUARY 2018

Application for an unfair dismissal remedy.

[1] On 25 November 2017, Ms Jessica Taggert-Dedic made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth) (the Act).

[2] Ms Taggert-Dedic did not pay the required fee.

[3] On 27 November 2017, the Fair Work Commission (the Commission) attempted to telephone Ms Taggert-Dedic, however this was unsuccessful and a voicemail message was left. On 28 November 2017, correspondence was sent to Ms Taggert-Dedic advising that her application was made without payment of the filing fee and that payment should be forwarded as soon as possible. Ms Taggert-Dedic was advised in the absence of any advice from her within 14 days, her application may be dismissed.

[4] Further attempts to telephone Ms Taggert-Dedic were made on 5 December 2017 and 4 January 2018, with a voicemail message left on both occasions seeking a return call regarding the outstanding filing fee.

[5] To date, no response from Ms Taggert-Dedic has been received.

[6] Section 395 of the Act, 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.

[7] 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.

[8] 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. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

COMMISSIONER

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