Melinda Lowe

[2022] FWC 1385

[2022] FWC 1385

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Melinda Lowe

(U2022/5188)

cOMMISSIONER bISSETT MELBOURNE, 2 June 2022

Application for relief from unfair dismissal – incomplete application – dismissal under s.587 at the Commission’s initiative.

1. On 8 May 2022, Ms Melinda Lowe made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

1. The application form filed by the Applicant was incomplete in that she did not name the Respondent as required by the Form F2 – Unfair Dismissal Application (Form F2).

1. On 9 May 2022, the Commission attempted to contact the Applicant on her nominated telephone number to discuss the application. The Applicant did not answer the call. A voicemail message was left requesting a return call.

1. Later that day, the Commission emailed correspondence to the Applicant’s nominated email address advising that she was required to provide further details as the application was incomplete and that the name and contact information for the Respondent needed to be provided to the Commission. That correspondence also advised that if the requested information was not provided within 14 days, the application may be dismissed. 

1. As the required information was not received, on 20 May 2022 the Commission telephoned the Applicant advising that the application was still incomplete and that she was required to provide the name and contact information for the Respondent in writing. The Applicant undertook to send that information to the Commission.

1. To date, the Applicant has not responded to the Commission’s correspondence or provided the necessary details as requested.

1. Section 587(1) of the FW Act provides as follows:

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.

1. In these circumstances, I have determined that the application was not made in accordance with the FW Act as the Applicant has not filed a completed Form F2.

1. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act. An order[1] to this effect will be issued shortly.

COMMISSIONER

[1] PR742248

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