Nathan Langtry v Acryloc

[2019] FWC 3422

[2019] FWC 3422

FAIR WORK COMMISSION

DECISION

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

Nathan Langtry
v
Acryloc
(U2019/3291)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 27 MAY 2019

Application for an unfair dismissal remedy

[1] On 23 March 2019, Mr Nathan Langtry made an application for an unfair dismissal remedy pursuant to section 394 of the Fair Work Act 2009 (FW Act).

[2] The application form filed by Mr Langtry in the Fair Work Commission (the Commission) was incomplete as it did not provide his commencement date of employment as required in response to question 1.1.

[3] On 25 March 2019, Mr Langtry was sent correspondence to his nominated email address that his application was incomplete asking him to provide further details, in particular his employment commencement date.

[4] On 16 April 2019, the Commission attempted to contact Mr Langtry by telephone but the call could not be connected and there was no option to leave a voice message.

[5] On 10 May 2019, the Commission attempted to contact Mr Langtry by telephone and a voice message was left requesting him to call the Commission.

[6] On 16 May 2019, the Commission sent correspondence to Mr Langtry by email indicating that his application was incomplete and that he was required to provide further details in relation to his employment commencement date.

[7] On 16 and 17 May 2019, the Commission made a final attempt to contact Mr Langtry by telephone and a voice message was left requesting him to call back.

[8] Mr Langtry did not contact the Commission or provide the necessary details as requested.

[9] 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.”

[10] Having regard to the circumstances of this matter, I am satisfied that as the application was incomplete, the application was not made in accordance with the FW Act. 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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