Mr Christopher Bezant v

[2019] FWC 2871

[2019] FWC 2871

FAIR WORK COMMISSION

DECISION

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

Mr Christopher Bezant
v
(U2019/2012)

DEPUTY PRESIDENT BINET PERTH, 6 MAY 2019

Application for an unfair dismissal remedy.

[1] On 25 February 2019, Mr Christopher Bezant (Mr Bezant) made an application (Application) to the Fair Work Commission (FWC) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth) (FW Act).

[2] The application form filed by Mr Bezant with FWC was incomplete. No Respondent was named and no contact details were provided on the application form. No supporting documentation accompanied the application that identified Mr Bezant’s former employer.

[3] On 26 February 2019, the FWC attempted to contact Mr Bezant by telephone to provide further details. This attempt was unsuccessful and a voice mail was left.

[4] The FWC attempted to contact Mr Bezant again by telephone on 28 February 2019 but was unsuccessful and written correspondence was sent by express post to Mr Bezant’s address advising the Application was incomplete and asking Mr Bezant to provide further details by 14 March 2019.

[5] Further attempts to contact Mr Bezant by telephone were made on 15 March 2019 and 27 March 2019. These attempts were unsuccessful and voice messages were left on both occasions.

[6] Mr Bezant did not contact the FWC or provide 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 that the Application was not made in accordance with the FW Act and that without identifying a respondent has no reasonable prospects of sucess. As such, the Application is dismissed pursuant to s.587(1)(a) of the FW Act.

[9] An Order dismissing the Application [Print PR707542] will be issued with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR707541>