Mr Quentin McDonald v Serafino Wines Pty Ltd

[2019] FWC 407

[2019] FWC 407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 394 - Application for unfair dismissal remedy

Mr Quentin McDonald
v
Serafino Wines Pty Ltd
(U2018/12836)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 24 JANUARY 2019

Application for an unfair dismissal remedy

[1] On 15 November 2018, Mr Quentin McDonald sent an email to the Fair Work Commission (the Commission) attempting to lodge an application for remedy for unfair dismissal. No application form was attached to the email.

[2] Rule 14 of the Fair Work Commission Rules 2013 provides:

14 Lodging documents by email

(3) If a document is lodged by email:

(a) the document must be attached to the email:

(i) for a statutory declaration-as a PDF or other image format approved by the General Manager; and

(ii) for any other document-as an attachment in Word, RTF or PDF format or another format approved by the General Manager; and

(iii) without any security restrictions.

[3] On 16 November 2018, Mr McDonald was sent correspondence to his nominated email address informing him that his lodgement was in the wrong format and request he lodge a completed application.

[4] On 13 December 2018, Mr McDonald made an application for remedy for unfair dismissal pursuant to section 394 of the Fair Work Act 2009 (the FW Act).

[5] The application form filed by Mr McDonald in the Commission was incomplete in the following respects:

● Questions 1.2, 1.3, 1.4, 1.5, 2.1, 3.1 and 3.2 were incomplete;

● The application was not signed and dated;

● Mr McDonald did not pay the required fee and a waiver Form F80 was not received.

[6] On 17 December 2018, Mr McDonald was asked by letter and email to provide further details within 14 days.

[7] On 19 December 2018, the Commission received an email from Mr McDonald which attached the first page of the Form F80 waiver application.

[8] On 20 December 2018, the Commission received an email from Mr McDonald which attached the second page of the Form F80 waiver application.

[9] On 2 January 2019, the Commission attempted to contact Mr McDonald by telephone. A voicemail message was left for Mr McDonald to call the Commission.

[10] On 4 January 2019, the Commission sent an email to Mr McDonald requesting the completed application.

[11] On 11 January 2019, the Commission attempted to contact Mr McDonald by telephone. A voicemail message was left for Mr McDonald to call the Commission. An email was also sent to Mr McDonald requesting he contact the Commission.

[12] Mr McDonald did not contact the Commission or provide the necessary details as requested.

[13] Section 587(1) of the FW 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.

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

DEPUTY PRESIDENT

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