Jessica Walton v Lord of the Fries

[2014] FWC 2523

[2014] FWC 2523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jessica Walton
v
Lord of the Fries
(U2014/5893)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 15 APRIL 2014

Application for relief from unfair dismissal.

[1] On 24 March 2014, an application under s.394 of the Fair Work Act 2009 (the Act) for a remedy for unfair dismissal was lodged by Ms Jessica Walton.

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

[3] On 25 March 2014, Ms Walton was advised by email correspondence that her application required payment of the ($65.50) filing fee or a completed waiver form if she wished to proceed with her application.

[4] 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.

[5] On 28 March 2014, the Fair Work Commission (the Commission) attempted to contact Ms Walton in relation to the correspondence dated on 25 March 2014. No contact was made and a voice message was left for Ms Walton to contact the Commission regarding the application. No response regarding payment of the filing fee or a completed waiver form has been received. The email correspondence sent to Ms Walton on 25 March 2014 informed her if she did not notify the Commission within 14 days that her application may be dismissed.

[6] No response was received from Ms Walton and payment of the required fee has not been made.

[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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR549706>