Miss Oliviah Burton v Toowoomba Grooming

[2021] FWC 56

[2021] FWC 56

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Miss Oliviah Burton
v
Toowoomba Grooming
(U2020/15619)

COMMISSIONER BISSETT MELBOURNE, 7 JANUARY 2021

Application for relief from unfair dismissal – incomplete application – dismissal under s.587 at the Commission’s initiative.

[1] On 5 December 2020, Miss Oliviah Burton made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application form filed by Miss Burton was incomplete in that she did not provide the commencement date of her employment.

[3] On 7 December 2020, the Commission attempted to contact Miss Burton on her nominated telephone number to request the missing details. Miss Burton did not answer the call. A voicemail message was left requesting Miss Burton provide the commencement date of employment by return call.

[4] Later that day, the Commission emailed correspondence to Miss Burton’s nominated email address asking that she provide further details as the application was incomplete and that the commencement date of employment would need to be provided. That correspondence also advised that if the missing information was not provided within 14 days, the application may be dismissed.

[5] As the required information was not received, on 21 December 2020 the Commission attempted to contact Miss Burton on her nominated telephone number. A voicemail message was left requesting she contact the Commission that day and explained if she did not provide the missing information her application may be dismissed.

[6] On 23 December 2020 the Commission made a final attempt to contact Miss Burton on her nominated telephone number to request the missing details. A voicemail message was left requesting she contact the Commission as a matter of urgency and explained if she does not provide the missing information her application may be closed.

[7] To date, no response has been received and Miss Burton has not provided the details as requested.

[8] Section 587(1) of the FW 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 prospect of success.

[9] In the circumstances where the employment commencement date is not known it cannot be known if the minimum employment period has been worked. The application form is not complete and I have determined that the application was not made in accordance with the FW Act.

[10] As such, the application is dismissed under s.587(1)(a) of the FW Act. An Order 1 to this effect will be issued shortly.

COMMISSIONER

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