Katrina Griffiths v Motivated Services Pty Ltd

[2022] FWC 2544

[2022] FWC 2544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Katrina Griffiths
v

Motivated Services Pty Ltd

(U2022/8741)

VICE PRESIDENT CATANZARITI SYDNEY, 21 SEPTEMBER 2022

Application for an unfair dismissal remedy.

1. Katrina Griffiths (the applicant) was employed by Motivated Services Pty Ltd (the respondent) from the 28^th of May 2021 until she was dismissed on the 14^th of July 2022.

1. On the 26^th of August 2022, the applicant made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

1. The application was lodged 22 days out of time.
   
   

2. On the 6^th of September 2022, correspondence was sent to the applicant in relation to the matter being lodged out of time and she was required to respond by the 9^th of September 2022.
   
   

3. On the 12^th of September 2022, further correspondence was sent to the applicant directing her to provide a response by 5:00pm on the 13^th of September 2022. She was advised that in the absence of a reply their application may be dismissed.

1. To date, the applicant has not responded to any of the correspondence that my Chambers has sent to this date.

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.

(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.

1. 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).

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

1. An order to that effect will issue with this decision.

VICE PRESIDENT

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