Ms Rebecca Spencer v

[2014] FWC 6362

[2014] FWC 6362

FAIR WORK COMMISSION

DECISION

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

Ms Rebecca Spencer
v
(U2014/10828)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 12 SEPTEMBER 2014

Application for relief from unfair dismissal.

[1] On 10 July 2014, Ms Rebecca Spencer made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] The application form filed by Ms Spencer in the Fair Work Commission (the Commission) was incomplete as the Respondent details were not provided. In addition Ms Spencer did not advise the commencement and termination dates of her employment.

[3] On 14 July 2014, Ms Spencer was asked by email to provide further details by 28 July 2014. Further, on 6 August 2013, the Commission attempted to contact Ms Spencer and left a voice message on her phone.

[4] On 12 August 2014, the Commission made a second attempt to contact Ms Spencer and left a further voice message on her phone. On the same date, the Commission sent email correspondence to Ms Spencer. On 29 August 2014, the Commission made a third attempt to contact Ms Spencer and left a voice message on her home phone. Further, on 2 September 2014 the Commission made an attempt to contact Ms Spencer and there was no answer.

[5] Ms Spencer did not contact the Commission or provide the necessary details as requested.

[6] 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.

[7] In these circumstances, I have determined that the application was not made in accordance with the Act.

[8] Consequently, the application is dismissed under s.587(1)(a) of the Act. An order to this effect will be issued shortly.

DEPUTY PRESIDENT

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