Kelly Tumeth

[2017] FWC 3220

[2017] FWC 3220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Kelly Tumeth
(U2017/4872)

DEPUTY PRESIDENT CLANCY MELBOURNE, 14 JUNE 2017

Application for an unfair dismissal remedy.

[1] On 7 May 2017, Ms Kelly Tumeth made an application for unfair dismissal remedy under s.394 of the Fair Work Act 2009 (the Act).

[2] The application form filed by Ms Tumeth in the Fair Work Commission was incomplete because she did not provide details of the Respondent.

[3] On 8 May 2017, the Commission telephoned Ms Tumeth regarding her incomplete application. Ms Tumeth advised her employer was a Community Care Centre and that she was unsure whether she fell within the national workplace relations system. The Commission provided Ms Tumeth with the website details of the National Association of Community Legal Centres and confirmed written correspondence would be sent to her regarding the matter. On the same day, correspondence was sent to Ms Tumeth advising the application was incomplete as no Respondent details had been provided and that this information was required. Ms Tumeth was advised in the absence of any advice from her within 14 days, her application may be dismissed.

[4] On 18 May 2017 and 13 June 2017, two further telephone calls were made to Ms Tumeth and voicemails left seeking a return call.

[5] To date, no response from Ms Tumeth has been received.

[6] 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.

[7] Having regard to the above, Ms Tumeth has failed to file a complete application and I am satisfied 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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