Mark Plan v Mark Vella

[2019] FWC 5870

[2019] FWC 5870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Mark Plan
v
Mark Vella
(U2019/6951)

DEPUTY PRESIDENT DEAN SYDNEY, 23 AUGUST 2019

Application for an unfair dismissal remedy.

[1] On 24 June 2019, Mr Mark Plan made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] Mr Plan’s application was made without payment of the application fee.

[3] On 25 June 2019, Mr Plan was asked by email and by telephone voicemail to pay the application fee or alternatively complete and submit a fee waiver application form.

[4] Further telephone calls to Mr Plan were made on 17 July 2019, 8 August 2019, 9 August 2019 and 20 August 2019 but were unsuccessful. A voice message was left for Mr Plan on each occasion requesting he call the Commission.

[5] To date Mr Plan has not contacted the Commission or provided the necessary details as requested.

[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 that effect will be issued.

DEPUTY PRESIDENT

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