Kanesha Hinds v Roll'd

[2016] FWC 7082

[2016] FWC 7082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Kanesha Hinds
v
Roll’d
(U2016/10270)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 4 OCTOBER 2016

Application for relief from unfair dismissal.

[1] On 15 August 2016, Ms Kanesha Hinds made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 16 August 2016, the Commission attempted to telephone Ms Hinds and a voicemail message was left requesting Ms Hinds contact the Commission.

[4] On 16 August 2016, Ms Hinds was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[5] 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.”

[6] On 30 August 2016 and 13 September 2016, the Commission attempted to telephone Ms Hinds and voicemail messages were left requesting Ms Hinds contact the Commission.

[7] On 13 September 2016, the Commission forwarded email correspondence to Ms Hinds in relation to the correspondence dated 16 August 2016. Ms Hinds was advised that if no response was received from her within 14 days, her application may be dismissed.

[8] On 27 September 2016, the Commission attempted to telephone Ms Hinds and a voicemail message was left requesting Ms Hinds contact the Commission.

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

[10] 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.”

[11] 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

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