Kathy Lee Beattie Beattie v Be: Associated

[2022] FWC 1066

[2022] FWC 1066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Kathy Lee Beattie Beattie
v

BE: Associated

(U2022/500)

VICE PRESIDENT CATANZARITI SYDNEY, 6 MAY 2022

Application for an unfair dismissal remedy.

1. On the 7^th of January 2022, Kathy Lee Beattie Beattie lodged an Unfair Dismissal Claim under s.394 of the Fair Work Act 2009.
   
   

2. A conciliation before a Commission staff conciliator was listed for this matter on the 4^th of March 2022, however the conciliation did not take place because the applicant did not attend.
   
   

3. My chambers sent correspondence to Kathy Lee Beattie Beattie on the 1^st of April 2022, directing her to advise the Fair Work Commission whether she wishes to continue her application. However, we received no response from the applicant.

1. On the 11^th of April 2022, my chambers sent further correspondence to the applicant, directing her to provide a response by 5:00pm on the 14^th of April. It was at this point in time, she was notified that in the case we do not receive a response to this correspondence, the matter may be dismissed without any further notice.
   
   

2. To date, Kathy Lee Beattie Beattie has not responded to any of the Commission’s correspondence.

1. 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.

Note:   For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3-2, see section 399A.

(2)       Despite paragraphs (1)(b) and (c), the 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)       The FWC may dismiss an application:

(a)       on its own initiative; or

(b)       on application.”

1. The words, “[w]ithout 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).

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

VICE PRESIDENT

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