Nicholas Hoar v Staved Pty Ltd

[2020] FWC 535

[2020] FWC 535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Nicholas Hoar
v
Staved Pty Ltd
(U2019/14793)

DEPUTY PRESIDENT DEAN SYDNEY, 3 FEBRUARY 2020

Application for an unfair dismissal remedy.

[1] On 29 December 2019, Mr Nicholas Hoar made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Hoar did not pay the required fee.

[3] Section 395, which deals with application fees, provides:

395 Application fees

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.

[4] On 31 December 2019 the Commission attempted to contact Mr Hoar on his nominated mobile telephone number and a voicemail was left requesting he return the call. Email correspondence was also sent to advise that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. No response was received from Mr Hoar.

[5] The Commission made further attempts to contact Mr Hoar on 7 and 17 January 2020 without success. Mr Hoar did not respond to any of the Commission’s correspondence and did not make the payment of the required fee.

[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] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order dismissing the application will be issued.

DEPUTY PRESIDENT

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