Mickaylah Jayne Brown v Unknown

[2024] FWC 1744

[2024] FWC 1744

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Mickaylah Jayne Brown
v

Unknown

(U2024/5325)

DEPUTY PRESIDENT EASTON SYDNEY, 9 JULY 2024

Application for an unfair dismissal remedy

1. On 10 May 2024 Miss Mickaylah Jayne Brown, (the Applicant), made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (the Act).

1. The application form filed by Miss Brown was incomplete in that she did not complete the Respondent details.

1. On 15 May 2024, Commission staff attempted to call Miss Brown to request the missing details. Miss Brown did not answer the call and a voicemail message was left asking her to return the call.

1. Later that day, Commission staff emailed Miss Brown advising that she needed to provide further details as the application was incomplete and the Commission required the Respondent’s details. That email also advised that if the Respondent’s details were not provided within 14 days, the application may be dismissed. An SMS notification was also sent to Miss Brown, requesting that she contact the Commission.

1. On 28 May 2024 Commission staff attempted to call Miss Brown. Miss Brown did not answer the call and a further voicemail message was left asking her to return the call.

1. On 3 June 2024 Commission staff emailed Miss Brown advising that she needed to provide further details as the application was incomplete. That email also advised that if the Respondent’s details were not provided by the end of the day, the application may be dismissed.

1. To date, no response has been received and the application remains incomplete.

1. Section 587 of the 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.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3‑2, see section 399A.

…

(3) The FWC may dismiss an application:

(a) on its own initiative; or
(b) on application.

1. Miss Brown’s application was not made in accordance with the Act (per s.587(1)(a)) because it is incomplete. Section 587 confers a discretion on the Commission to dismiss Miss Brown’s application.

1. I am satisfied that Miss Brown’s application should be dismissed. Miss Brown has been given ample opportunity to rectify the very basic deficiency in her application. Unfortunately the Commission’s inquiries, requests and warnings have been ignored.

1. I have separately made an order dismissing Miss Brown’s application (PR776640).

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR776639>