Linda Le v Bon Lavaro Pty Ltd

[2019] FWC 5114

[2019] FWC 5114

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Linda Le
v
Bon Lavaro Pty Ltd
(U2019/7305)

DEPUTY PRESIDENT DEAN SYDNEY, 23 JULY 2019

Application for an unfair dismissal remedy.

[1] On 3 July 2019, Ms Linda Le made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Le did not pay the required fee.

[3] Section 395, which deals with application fees, provides:

395 Application fees

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.

[4] On 4 July 2019, Ms Le was advised by email and telephone that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[5] On 22 July 2019, the Commission made a further attempt to contact Ms Le without success. Ms Le did not make the payment of the required fee or send a completed waiver application.

[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 circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, 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.

DEPUTY PRESIDENT

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