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

[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

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1 PR719977.

CaseChat Overview and Summary

Paul Watts brought an application for relief from unfair dismissal against Marnicol Fisheries T/A Tsesmelis Family Trust. The Federal Circuit and Family Court was called upon to assess the merits of the application, which was initiated under section 587 of the Fair Work Act 2009. The primary dispute centred on the fairness of Mr Watts' dismissal and the adequacy of the application submitted by Mr Watts to the Fair Work Commission.

The court faced the task of determining whether Mr Watts' application to the Fair Work Commission was sufficiently complete to warrant a review of the dismissal's fairness. It was essential to assess whether the application contained all necessary information and evidence required to substantiate the claim of unfair dismissal. Furthermore, the court had to consider whether the dismissal was initiated by the Fair Work Commission under section 587, which allows for the Commission to intervene in cases where it deems an application incomplete or otherwise deficient.

The court found that Mr Watts' application was indeed incomplete as it lacked substantial evidence and relevant information to support his claim. Consequently, the dismissal of the application by the Fair Work Commission was deemed appropriate. The court held that the Commission's decision to initiate the dismissal under section 587 was justified, given the deficiencies in Mr Watts' application. As a result, the application for relief from unfair dismissal was dismissed, and the court upheld the Fair Work Commission's decision.

The Federal Circuit and Family Court confirmed that the Fair Work Commission's decision to dismiss Mr Watts' application for relief from unfair dismissal was valid. The court also affirmed that the Commission's initiation of the dismissal under section 587 was appropriate, given the incompleteness of the application. No further orders were made by the court beyond affirming the decision of the Fair Work Commission.

Paul Watts v Marnicol fisheries T/A Tsesmelis Family Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established