Miss Chloe Carruthers v Hunter New England Health T/A Belmont Hospital

[2015] FWC 6641

[2015] FWC 6641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Miss Chloe Carruthers
v
Hunter New England Health T/A Belmont Hospital
(U2015/11144)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 25 SEPTEMBER 2015

Application for relief from unfair dismissal.

[1] On 19 August 2015, Miss Chloe Carruthers made an application for remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

[2] On 21 August 2015, correspondence was sent to Miss Carruthers advising her that her application was unpaid, undated and unsigned. Miss Carruthers was advised that if she intended to proceed with the claim, the necessary documentation should be forwarded to the Fair Work Commission. In the absence of any advice within 14 days, Ms Carruthers was advised her application may be dismissed.

[3] A second email was sent to Miss Carruthers on 21 August 2015, noting that several attempts to contact her by telephone had been made that day. It was noted in the correspondence that on the information provided, it appeared that Hunter New England Health may not be a national system employer. Miss Carruthers was advised that she should urgently seek advice as to whether her application was valid. Contact details for Community Legal Centres were provided.

[4] On 31 August 2015, the Commission attempted to contact both Miss Carruthers and her representative by telephone in relation to the matter, however, there was no answer from either party.

[5] On 4 September 2015, the Commission sent a final email to Miss Carruthers advising that unless advice was received by the Commission within 14 days that Miss Carruthers wished to proceed with her application, her application would be dismissed.

[6] To date, Miss Carruthers has not contacted the Commission or provided the necessary details.

[7] 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.

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

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

DEPUTY PRESIDENT

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