Kareena Connolly v Happy Dots Occupational Therapy for Children Pty Ltd
[2022] FWC 112
•24 JANUARY 2022
| [2022] FWC 112 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394 – Unfair Dismissal
Kareena Connolly
v
Happy Dots Occupational Therapy For Children Pty Ltd
(U2021/12059)
| cOMMISSIONER bISSETT | MELBOURNE, 24 JANUARY 2022 |
Application for an unfair dismissal remedy - failure to pay filing fee – dismissal under s.587 at the Commission’s initiative.
On 22 December 2021, Ms Kareena Connolly made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).
The application was incomplete in that Ms Connolly did not pay the required fee or file a completed waiver form.
On 22 December 2021, the Commission attempted to contact Ms Connolly on her nominated telephone number to discuss payment of the required fee however Ms Connolly did not answer the call. A voicemail message was left requesting return contact for payment of the fee or completion of a fee waiver form.
Later that day, the Commission emailed correspondence to Ms Connolly’s nominated email address advising that her application required payment of the filing fee or a completed waiver form if she wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received within 14 days, the application may be dismissed.
A final attempt to contact Ms Connolly was made by the Commission on 12 January 2022 to obtain payment or a completed waiver form. The call was not answered and a voicemail message was left advising Ms Connolly that payment of the required fee was still outstanding and providing details for return contact.
To date there has been no response from Ms Connolly, the required fee has not been paid and a completed waiver form has not been received.
Section 395 of the FW Act, which deals with application fees, provides as follows:
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.
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 prospect 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[1] to this effect will be issued shortly.
COMMISSIONER
[1] PR737676
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