Michael Whitney v Respondent

[2020] FWC 5903

[2020] FWC 5903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michael Whitney
v
Respondent
(U2020/13631)

COMMISSIONER BISSETT MELBOURNE, 5 NOVEMBER 2020

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

[1] On 14 October 2020, Mr Michael Whitney 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).

[2] The application form filed by Mr Whitney was incomplete in that he did not provide:

a) the respondent (the employer details)

b) the commencement date of employment

c) the date of dismissal

[3] On 15 October 2020, the Commission attempted to contact Mr Whitney on his nominated telephone number to request the missing details. Mr Whitney did not answer the call. A voicemail message was left requesting Mr Whitney contact the Fair Work Commission.

[4] Later that day, the Commission emailed correspondence to Mr Whitney’s nominated email address advising that he provide further details as the application was incomplete and that the sections will need to be completed and the application returned to the Commission. That correspondence also advised that if the relevant information was not provided within 14 days, the application may be dismissed. An SMS notification was also sent to Mr Whitney’s nominated telephone number, requesting that he contact the Commission.

[5] Mr Whitney contacted the Fair Work Commission on 15 October 2020. Mr Whitney advised that he would send his documents to the Commission.

[6] As the required information was not received, on 23 October 2020 the Commission attempted to contact Mr Whitney on his nominated telephone number. A voicemail message was left requesting that he send us his completed application by 29 October 2020.

[7] Later that day, the Commission emailed correspondence to Mr Whitney’s nominated email address advising that he provide further details as the application was incomplete and sections will need to be completed on the application and returned to the Commission. That correspondence also advised that if the relevant information was not provided by 29 October 2020, the application may be dismissed.

[8] On 29 October 2020, the Commission made a final attempt to contact Mr Whitney on his nominated telephone number to request the missing details. Mr Whitney did not answer the call. A voicemail message was left request requesting Mr Whitney contact the Fair Work Commission by the end of the business day.

[9] To date, no response has been received and Mr Whitney has not provided the necessary details as requested.

[10] 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.

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR724260>