Marcia Drew v The Trustee for the Replay Browns Plains Trust

[2023] FWC 97

[2023] FWC 97

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Marcia Drew
v

The Trustee For The Replay Browns Plains Trust

(U2022/10832)

VICE PRESIDENT CATANZARITI SYDNEY, 16 JANUARY 2023

Application for an unfair dismissal remedy.

1. Marcia Drew (the applicant) was employed by The Trustee For The Replay Browns Plains Trust (the respondent) from the 31^st of December 2020 until the 25^th of October 2022.

1. On the 11^th of November 2022, the applicant made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

1. A conciliation was scheduled to take place on the 8^th of December 2022. The Applicant did not participate and was not able to be contacted.
   
   

2. On the 14^th of December 2022, correspondence was sent to the applicant and she was required to respond by the 21^st of December 2022 to clarify whether she wished to continue their application against the respondent or not.
   
   

3. On the 22^nd of December 2022, further correspondence was sent to the applicant directing her to provide a response by 5:00pm on the 27^th of December 2022. It was in this correspondence the applicant was advised her matter may be dismissed without any further notice, should no response be received.

1. To date, the applicant has not responded to any of the correspondence that my Chambers has sent to this date.

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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