Michelle McAtackney v The Trustee for the Johnson Property Trust
[2025] FWC 550
•21 FEBRUARY 2025
| [2025] FWC 550 |
| FAIR WORK COMMISSION |
| DECISION and ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Michelle McAtackney
v
The Trustee for The Johnson Property Trust
(U2024/13485)
| DEPUTY PRESIDENT EASTON | SYDNEY, 21 FEBRUARY 2025 |
Application for an unfair dismissal remedy – application fee not paid or waived – application not made in accordance with the Act - application dismissed.
On 9 November 2024, Mrs Michelle McAtackney made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
The application filed by Mrs McAtackney was incomplete insofar as she did not specifiy the date she commenced employment and she did not pay the application fee or apply for the fee to be waived.
Commission staff attempted to contact Mrs McAtackney on November 15, 19 and 28, 2024.
Mrs McAtackney has had ample opportunity to rectify the deficiencies in her application and has had ample opportunity to show why her application should not be dismissed under s.587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein).
I have decided to dismiss Mrs McAtackney’s unfair dismissal application and make the following order:
1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mrs Michelle McAtackney on 9 November 2024 is dismissed.
DEPUTY PRESIDENT
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