Nisar Ahmed v The Trustee for Swissport Australia Unit Trust

[2025] FWC 394

[2025] FWC 394

FAIR WORK COMMISSION

DECISION and ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Nisar Ahmed
v

The Trustee For Swissport Australia Unit Trust

(U2024/11366)

DEPUTY PRESIDENT EASTON SYDNEY, 11 FEBRUARY 2025

Application for an unfair dismissal remedy – application fee not paid or waived – application not made in accordance with the Act - application dismissed.

1. On 24 September 2024, Mr Nisar Ahmed made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

1. The application filed by Mr Ahmed was incomplete insofar as he has not paid the application fee or submitted a completed waiver application.

1. Commission staff attempted to contact Mr Ahmed on the following dates:

·   27 September 2024 by telephone;

·   30 September 2024 by email and SMS;

·   17 October 2024 by telephone;

·   29 November 2024 by email and SMS;

·   2 December 2024 by email;

·   3 January 2025 by email and SMS.

1. Mr Ahmed has had ample opportunity to rectify the deficiency in his application and has had ample opportunity to show why his application should not be dismissed under s.587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein).

1. I have decided to dismiss Mr Ahmed’s unfair dismissal application and make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Ahmed on 24 September 2024 is dismissed.

DEPUTY PRESIDENT

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