Lucinda Smith v Premier Hotel

[2014] FWC 9064

[2014] FWC 9064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Lucinda Smith
v
Premier Hotel
(U2014/14400)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 15 DECEMBER 2014

Application for relief from unfair dismissal.

[1] On 20 October 2014, Ms Lucinda Smith made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 21 October 2014, Ms Smith was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

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

“(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.”

[5] On 2 December 2014 and again on 8 December 2014, the Fair Work Commission (the Commission) attempted to contact Ms Smith in relation to the correspondence dated on 21 October 2014. No response was received from Ms Smith and payment of the required fee has not been made.

[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 shortly.

DEPUTY PRESIDENT

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