Miss Lamisa Haque v Spii Tuition T/A Spii Tuition

[2016] FWC 8596

[2016] FWC 8596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Miss Lamisa Haque
v
Spii Tuition T/A Spii Tuition
(U2016/12507)

DEPUTY PRESIDENT CLANCY MELBOURNE, 30 NOVEMBER 2016

Application for relief from unfair dismissal.

[1] On 13 October 2016, Miss Lamisa Haque made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] The application form filed by Miss Haque in the Fair Work Commission (the Commission) was incomplete as she did not pay the filing fee.

[3] On 14 October 2016, Miss Haque was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application. Miss Haque was advised in the absence of any advice from her within 14 days, her application may be dismissed.

[4] On 28 October 2016, the Commission attempted to contact Miss Haque via telephone and left a voice mail. On the same day, further correspondence was sent to Miss Haque noting that unless advice was received by the Commission within 14 days that she wished to proceed with her application, her application would be dismissed.

[5] To date, Miss Haque has not contacted the Commission or provided the necessary details as requested.

[6] Section 395 of the Act, which deals with application fees, provides:

395 Application fees

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.

[7] Having regard to the above, Miss Haque has failed to pay the required fee or complete an application for fee waiver.

[8] 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.

[9] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, 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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