Paul Watts v Marnicol fisheries T/A Tsesmelis Family Trust

[2020] FWC 2965

[2020] FWC 2965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Paul Watts
v
Marnicol fisheries T/A Tsesmelis Family Trust
(U2020/6698)

COMMISSIONER BISSETT MELBOURNE, 16 JULY 2020

Application for relief from unfair dismissal – incomplete application – dismissal under s.587 at the Commission’s initiative.

[1] On 14 May 2020 Mr Paul Watts 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 application form filed by Mr Watts was incomplete in that he did not provide the commencement date of employment and did not provide a postal or email address for the Respondent.

[3] On 15 May 2020 the Commission attempted to contact Mr Watts on his nominated telephone number to request the missing details. Mr Watts did not answer the call. A voicemail message was left requesting Mr Watts return the Commission’s call to provide his employment commencement date and additional contact details for the Respondent.

[4] Later that day, the Commission emailed correspondence to Mr Watts’ nominated email address advising that he provide further details as the application was incomplete. That correspondence also advised that if the employment commencement date and Respondent address was not provided within 14 days, the application may be dismissed.

[5] As the required information was not received, on 26 May 2020 and 27 May 2020 the Commission attempted to contact Mr Watts on his nominated telephone number. On both occasions Mr Watts did not answer the call and a voicemail message was left notifying him that the application was incomplete and requesting he contact the Commission as soon as possible.

[6] To date, no response has been received and Mr Watts 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 prospects of success.

[8] In these circumstances, I have determined that the application was not made in accordance with the FW Act.

[9] As such, the application is dismissed under s.587(1)(a) of the FW Act. An Order 1 to this effect will be issued shortly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR719976>

 1   PR719977.