Miss Chloe Hannaford v Ziggys Market Fresh

[2016] FWC 8513

[2016] FWC 8513

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Miss Chloe Hannaford
v
Ziggys Market Fresh
(U2016/12723)

DEPUTY PRESIDENT CLANCY MELBOURNE, 28 NOVEMBER 2016

Application for relief from unfair dismissal.

[1] On 20 October 2016, Miss Chloe Hannaford made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (the Act).

[2] The application form filed by Miss Hannaford in the Fair Work Commission (the Commission) was incomplete as she did not provide a response to question 1.1 of her application, namely, the date she commenced working at Ziggys Market Fresh, and she did not name a contact person for Ziggys Market Fresh.

[3] On 20 October 2016, the Commission attempted to contact Miss Hannaford via telephone and a voicemail was left. On the same date, an email was sent to Miss Hannaford advising the application was incomplete and further details were required. Miss Hannaford then rang the Commission and advised that the missing information would be emailed to the Canberra registry.

[4] On 1 November 2016, a voice message was left on Miss Hannaford’s phone advising the application remained incomplete.

[5] On 4 November 2016, an email was sent to Miss Hannaford noting the application was still incomplete and sought that she advise the Commission if she wished to pursue her application.

[6] Since 20 October 2016, Miss Hannaford has not contacted the Commission or provided the necessary details as requested.

[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] Having regard to the circumstances of this matter, I am satisfied the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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