Lynette Djuve v Hollturns Pty Ltd T/A IGA West Ipswich

[2021] FWC 1222

[2021] FWC 1222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Lynette Djuve
v
Hollturns Pty Ltd T/A IGA WEST IPSWICH
(U2021/723)

VICE PRESIDENT CATANZARITI SYDNEY, 8 MARCH 2021

Application for an unfair dismissal remedy.

[1] On 28 January 2021, Lynette Djuve filed an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act) in relation to her employment with Hollturns Pty Ltd T/A IGA WEST IPSWICH.

[2] Mrs Djuve says her dismissal took effect on 12 November 2020. Accordingly, it appeared Mrs Djuve lodged her application more than 21 days after her dismissal took effect.

[3] On 23 February 2021, my chambers sent correspondence to Mrs Djuve about the requirement to obtain an extension of time for her application to be validly lodged. I directed her to respond by 5:00pm on 26 February 2021 in support of obtaining an extension of time in which to validly lodge her application. No response was received from Mrs Djuve.

[4] On 1 March 2021, further correspondence was sent to Mrs Djuve directing her to provide a response by 4:00pm on 3 March 2021. She was advised that in the absence of a reply her application may be dismissed.

[5] To date, Mrs Djuve has not responded to any of the Commission’s correspondence.

[6] 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.

[7] 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).

[8] In the circumstances I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the Act.

[9] An order to that effect will issue with this decision.

VICE PRESIDENT

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