Katherine Turnbull v Anglican Diocese of Newcastle

[2019] FWC 3310

[2019] FWC 3310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Katherine Turnbull
v
Anglican Diocese of Newcastle
(U2019/2528)

VICE PRESIDENT CATANZARITI SYDNEY, 14 MAY 2019

Application for an unfair dismissal remedy.

[1] Miss Katherine Turnbull was employed by the Anglican Diocese of Newcastle from 17 August 2018 until she was dismissed on 20 February 2019.

[2] On 6 March 2019, Ms Turnbull made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[3] On 1 April 2019, Anglican Diocese of Newcastle filed an Employers Response (form F3) raising a jurisdictional objection on the basis that Miss Turnbull did not serve the minimum employment period.

[4] The matter was referred to me to determine the jurisdictional objection. Correspondence was sent to Miss Turnbull on 8 April 2019 requiring her to provide a statement to support her claim that she had served the minimum employment period. She was asked to provide the information by no later than 15 April 2019. No response was received from Miss Turnbull.

[5] On 7 May 2019, further correspondence was sent to Miss Turnbull directing her to provide a response by 4.00pm on 10 May 2019. She was advised that in the absence of a reply her application may be dismissed.

[6] To date, Miss Turnbull has not responded to any of the Commission’s correspondence.

[7] Section 587 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.

(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.

[8] The words, “Without limiting when FWC may dismiss an application” at the commencement of s.587(1) of the Act, establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c).

[9] In the circumstances I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the Act.

[10] An order to that effect will issue with this decision.

VICE PRESIDENT

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