L.L

[2018] FWC 1912

[2018] FWC 1912

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.789FC - Application for an order to stop bullying

L.L
(AB2018/105)

COMMISSIONER HAMPTON ADELAIDE, 3 APRIL 2018

Application for an unfair dismissal remedy.

[1] On 26 February 2018, L.L. made application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[1] The application form (Form F72) did not contain sufficient relevant information to enable the Commission to progress the matter.

[2] On 26 February 2018, L.L. was advised by telephone and letter that her application was incomplete and required further information if she wished to proceed. L.L. indicated she wished to make some amendments to the application and provide additional materials prior to service.

[3] On 5 March 2018, the Commission again telephoned and wrote to L.L. in relation to the matter. L.L. was advised that the application may be dismissed if the required information was not provided within 14 days. On 20 and 27 March 2018, the Commission made further attempts to contact L.L. in relation to the matter.

[4] No further response has been received from L.L. since that time. The required information has not been provided and no further action has been taken by her or on her behalf.

[5] 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.”

[6] In considering all the circumstances, I am satisfied that application has not been made in accordance with the Act.

[7] Accordingly, the application is dismissed under s.587(1)(a) of the Act.

COMMISSIONER

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