Lila Costaras v Winney Group Pty Ltd

[2022] FWC 1552

[2022] FWC 1552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Lila Costaras
v

Winney Group Pty Ltd

(U2022/5060)

VICE PRESIDENT CATANZARITI SYDNEY, 20 JUNE 2022

Application for an unfair dismissal remedy.

1. Lila Costaras was employed by Winney Group Pty Ltd from the 9^th of March 2022 until she was dismissed on the 14^th of April 2022.

1. On the 4^th of May 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 respondent objected to the application on the basis that Lila Costaras had not completed the minimum employment period required to lodge an Unfair Dismissal Claim under s.394 of the Fair Work Act 2009. Winney Group Pty Ltd also raised the objection that the applicant was not dismissed from her employment as well.
   
   

2. On the 3^rd of June 2022, correspondence was sent to the applicant in relation to the jurisdictional objections raised by Winney Group Pty Ltd and she was required to respond by the 10^th of June 2022. No response was received from Lila Costaras at this time.
   
   

3. On the 14^th of June 2022, further correspondence was sent to the applicant directing her to provide a response by 5:00pm on the 17^th of June 2022. Lila Costaras was advised that in the absence of a reply, her application may be dismissed.

1. To date, Lila Costaras has not responded to the jurisdictional objections raised by the respondent or any further correspondence sent by my Chambers in writing.

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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