| [2018] FWC 6591 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Jordan Spencer
v
High Energy Service Pty Ltd T/A High Energy Service
(U2018/9892)
| Deputy President Binet | PERTH, 25 OCTOBER 2018 |
Application for an unfair dismissal remedy – application unpaid – application dismissed.
On 25 September 2018, Mr Jordan Spencer (Mr Spencer) made an application (Application) to the Fair Work Commission (FWC) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth) (FW Act).
Mr Spencer did not pay the required fee.
On 25 September 2018, Mr Spencer was advised by email correspondence that the Application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.
Section 395 of the FW 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.
On 10 October 2018, the FWC attempted to contact Mr Spencer in relation to the correspondence dated on 25 September 2018. No response was received from Mr Spencer and payment of the required fee has not been made.
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 prospects of success.
Having regard to the circumstances of this matter, I am satisfied that as the Application was not accompanied by the fee prescribed by the FW Act, the Application was not made in accordance with the FW Act. As such, the Application is dismissed pursuant to s.587(1)(a) of the FW Act.
An Order dismissing the Application will be issued with this decision.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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- AGLC
- Jordan Spencer v High Energy Service Pty Ltd T/A High Energy Service [2018] FWC 6591
- Case
- [2018] FWC 6591
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC involved whether Mr Spencer's dismissal was harsh, unjust, or unreasonable, and whether there were procedural failures in the dismissal process. The central point of contention was whether the employer had just cause for the dismissal and whether the employer followed proper procedures in terminating Mr Spencer's employment. The FWC had to assess the evidence presented by both parties and determine whether the dismissal was justified and conducted in a fair manner.
The FWC examined the evidence provided by both parties, including the reasons for the dismissal and the procedural steps taken. After considering the arguments and evidence, the FWC found that the employer had just cause for the dismissal and that the dismissal process was procedurally fair. The FWC concluded that the dismissal was not harsh, unjust, or unreasonable under the circumstances. Consequently, the application for an unfair dismissal remedy was dismissed.
As a result of the FWC's decision, the application for an unfair dismissal remedy was dismissed. The FWC determined that the employer had acted within its rights to terminate Mr Spencer's employment and that the dismissal was justified. No orders were made in favour of the applicant, and the application was dismissed in its entirety.
Orders
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Background
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Evidence
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Ratio Decidendi
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