Joanne Campbell v NSW Health Service Western Sydney Local Health District

[2021] FWC 6094

[2021] FWC 6094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Joanne Campbell
v
NSW Health Service - Western Sydney Local Health District
(U2021/8105)

DEPUTY PRESIDENT MANSINI MELBOURNE, 12 OCTOBER 2021

Application for relief from unfair dismissal – national system employer – dismissal under s.587 at the Commission’s initiative.

[1] On 6 September 2021, Ms Joanne Campbell (Applicant) made an application seeking a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (Cth) (Act). The application identified NSW Health Service - Western Sydney Local Health District as the employer (Respondent).

[2] As the Respondent did not appear to be a “national system employer” within the meaning of the Act, attempts were made to contact the Applicant as follows:

a) On 16 September 2021, by telephone, but she was not able to be reached on her nominated telephone number and a message was left requesting a return telephone call.

b) Also on 16 September 2021, by email, to her nominated email address. That email correspondence also required the Applicant to advise the Commission within 14 days whether she wished to proceed with the application and warned that the application may be dismissed if no response was received.

c) On 30 September 2021, by telephone, but she was not able to be reached on her nominated telephone number and a message was left requesting a return telephone call.

[3] At the time of publication, the Applicant has not responded to the Commission’s email, has not returned the Commission’s telephone messages and has not made any attempt to communicate with the Commission.

[4] Division 1 of Part 3-2 of the Act is concerned with the “unfair dismissal of national system employees, and the granting of remedies for unfair dismissal”. Section 380 of the Act provides that, under this Part, an “employee means a national system employee, and employer means a national system employer”. “National system employer” is defined at s.14 of the Act. As the Respondent is not within the scope of this definition, I am satisfied that the Commission has no jurisdiction to determine the Applicant’s application for unfair dismissal as her employment was not with a “national system employer”.

[5] 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.

[6] Having regard to the circumstances of this matter, I am satisfied that the application was not made in accordance with the Act. I exercise this discretion in the knowledge that the Applicant has not responded to the Commission’s efforts to communicate with her or made any effort to prosecute the claim since it was filed.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR734730>