Michael Clyde v Respondent

[2015] FWC 6949

[2015] FWC 6949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michael Clyde
v
Respondent
(U2015/10420)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 9 OCTOBER 2015

Application for relief from unfair dismissal.

[1] On 4 September 2015, Mr Michael Clyde made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] The application form filed by Mr Clyde in the Fair Work Commission was incomplete as he did not complete the name details of the Respondent in the application and the application was not signed and dated.

[3] On 7 September 2015, Mr Clyde was emailed a letter advising that his application was incomplete and he was requested to forward a completed application within 14 days if he still wished to pursue the application. The letter also advised that in the absence of any advice from Mr Clyde within after that time, the application may be dismissed.

[4] On 17 September 2015, the Commission attempted to contact Mr Clyde and a voice mail message was left requesting he call back.

[5] On 18 September 2015, the Commission attempted to contact Mr Clyde but a message could not be left on his mobile phone. An email was sent to Mr Clyde referring him to the 7 September 2015 correspondence previously sent to him.

[6] On 22 September 2015, the Commission telephoned Mr Clyde who advised he had been moving house and had no internet access or access to his emails. Mr Clyde advised he still wished to pursue the application. Mr Clyde provided his new home address details and the Commission mailed him the application that day for completion.

[7] On 29 September 2015, the Commission attempted to call Mr Clyde and a message was left requesting him to contact the Commission.

[8] On 30 September 2015, the Commission telephoned Mr Clyde and a message was left advising if he did not contact the Commission that day, his application would be dismissed.

[9] On 8 October 2015, the Commission again telephoned Mr Clyde and a message was left requesting him to contact the Commission.

[10] Mr Clyde has not contacted the Commission or provided the necessary details as requested.

[11] 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.

[12] In these circumstances, I have determined that the application was not made in accordance with the Act.

[13] Consequently, the application is dismissed under s.587(1)(a) of the Act.

DEPUTY PRESIDENT

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