Mr Jason Tylinski v Custom Edge Group Pty Ltd T/A the Custom Edge Group

[2020] FWC 2961

[2020] FWC 2961

FAIR WORK COMMISSION

DECISION

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

Mr Jason Tylinski
v
Custom Edge Group Pty Ltd T/A The Custom Edge Group
(U2020/6609)

COMMISSIONER BISSETT MELBOURNE, 5 JUNE 2020

Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative – application dismissed.

[1] On 13 May 2020 Mr Jason Tylinski 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 Form F2 (form) filed by Mr Tylinski was incomplete in that the form did not include the commencement date of employment with Custom Edge Group Pty Ltd T/A The Custom Edge Group.

[3] On 13 May 2020 the Commission telephoned Mr Tylinski on his nominated telephone number to discuss his application. Mr Tylinski did not answer the call. A voicemail message was left requesting he contact the Commission.

[4] Later that day, the Commission emailed correspondence to Mr Tylinski’s nominated email address advising that the commencement date of employment was not included in his form and requesting he provide the information. That correspondence also advised that if the information was not provided within 14 days, the application may be dismissed.

[5] On 26 May 2020 the Commission made a final attempt to telephone Mr Tylinski on his nominated telephone number. Mr Tylinski did not answer the call and a voicemail message was left requesting he contact the Commission urgently to advise if he intended to pursue his application.

[6] To date, Mr Tylinski has not responded to the Commission’s correspondence nor has he contacted the Commission.

[7] Absent the commencement date on the form it is not possible for the Commission to assess if Mr Tylinski has served the minimum employment period necessary to make a valid application for unfair dismissal.

[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 prospects of success.

[9] Mr Tylinski has been provided with multiple opportunities to provide this information to the Commission. He has not responded to these opportunities. In these circumstances, 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

Printed by authority of the Commonwealth Government Printer

<PR719967>

 1   PR719968.