Nqobile Khumalo
[2024] FWC 2604
•20 SEPTEMBER 2024
| [2024] FWC 2604 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.372—General protections
Nqobile Khumalo
(C2024/4948)
| DEPUTY PRESIDENT EASTON | SYDNEY, 20 SEPTEMBER 2024 |
Application to deal with other contraventions dispute – incomplete application – application is not made in accordance with this Act – application dismissed – s.587(1)(a).
On 18 July 2024 Mr Nqobile Khumalo made a general protections application not involving dismissal to the Fair Work Commission under s.372 of the Fair Work Act 2009 (Cth).
Mr Khumalo’s application was incomplete. The legal name of the Respondent was not specified and Mr Khumalo did not properly state the attribute he relied upon under s.351.
Commission staff have made extraordinary attempts to contact Mr Khumalo to raise concerns about the application but Mr Khumalo has provided no response at all.
Mr Khumalo’s application was not made in accordance with the Act (per s.587(1)(a)). Section 587 confers a discretion on the Commission to dismiss the application.
I am satisfied that Mr Khumalo has had the opportunity to put his case for consideration on all matters material to the making of the decision to dismiss his application under s.587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein). Mr Khumalo has been given ample opportunity to rectify the deficiency in the application however the Commission’s inquiries and warnings have been ignored.
I order that Mr Khumalo’s application be dismissed.
DEPUTY PRESIDENT
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