Paije Peat v Quarry Holdings Pty Ltd T/A Helena's Beauty

[2021] FWC 2382

[2021] FWC 2382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Paije Peat
v
Quarry Holdings Pty Ltd T/A Helena’s Beauty
(U2021/2947)

COMMISSIONER BISSETT MELBOURNE, 30 APRIL 2021

Application for an unfair dismissal remedy.

[1] On 9 April 2021 Miss Paije Peat made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The Form F2 - Unfair Dismissal Application filed by Miss Peat was incomplete in that the commencement date of employment was not provided.

[3] On 9 April 2021, the Commission attempted to contact Miss Peat on her nominated telephone number to request the missing details. Miss Peat did not answer the call. A voicemail message was left requesting Miss Peat contact the Commission.

[4] Later that day, the Commission emailed correspondence to Miss Peat’s nominated email address requesting that she provide further details as the application was incomplete as she did not provide the commencement date of employment. That correspondence also advised that if the commencement date of employment was not provided within 14 days, the application may be dismissed.

[5] As the required information was not received, on 22 April 2021 the Commission attempted to contact Miss Peat on her nominated and secondary telephone numbers. A voicemail message was left on both numbers requesting Miss Peat contact the Commission as soon as possible.

[6] To date, no response has been received and Miss Peat has not provided the necessary details as requested.

[7] Section 587(1) of the FW Act provides as follows:

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 prospect of success.

[8] Having regard to the circumstances of this matter, I have determined that the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act. An Order 1 to this effect will be issued shortly.

COMMISSIONER

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